Official Report search · Parliament Workbench

Committee

Justice Committee, 12 Jan 2010

12 Jan 2010 · S3 · Justice Committee

Item of business

Legal Services (Scotland) Bill: Stage 1

Ewing, Fergus SNP Inverness East, Nairn and Lochaber Watch on SPTV

Yes. I have discussed the matter with SLAS representatives. I also noted the wide-ranging evidence from Kyla Brand, Ian Smart, SLAS representatives and others, who expressed various concerns about wills. As Robert Brown will know, the starting point is that the Solicitors (Scotland) Act 1980 sets out the reserved functions for Scottish solicitors, which include the framing of writs, but exclude wills, which are therefore currently not reserved or regulated. That has led to an awful lot of concerns, which the committee has heard about. Michael Scanlan gave a pretty scary example of a fee of £1,200 being applied for what he said was a clearly inappropriate will. My recollection of charging for wills is that the fee was nearer to £30, £40 or £50 than to £1,200; that is perhaps where I went wrong.Many witnesses have said that making a will can have serious consequences. When a non-nuclear family is involved, such as Robert Brown mentioned, or when someone who makes a will has children by different partners, there is immense scope for difficulties and problems. Instinctively, I feel as a solicitor that it is important that wills be written by people who are properly qualified, and that there should be an element of regulation.We will lodge amendments at stage 2 in the spring, one of which could concern the introduction of a regulatory framework for non-lawyer will writers. That idea is being considered following representations to us during consultation on the bill and, subsequently, by various bodies. I note that many members of the committee have pursued this line of questioning with various witnesses. It is not our intention to regulate individuals who prepare their own wills: the aim is not to place restrictions on informal or death-bed wills. I do not think that it would be right—although this is a matter for consultation and debate—to outlaw people making their own wills, perhaps in their last moments on this earth. That might run contrary to the European convention on human rights. The aim is to produce regulations on non-lawyer will writers, which might, in practice, include entities such as supermarkets that provide pro forma wills.A particular point of concern about which evidence has been led is the prevalence or development of execution-only wills, whereby a will is offered by a non-lawyer business—say, a supermarket—on the proviso that it takes no responsibility for the consequences of it. Many of us have deep misgivings about the probity of that practice and question whether it should be permissible and legal in Scotland. I just wanted to outline that matter.If committee members want more information, Andrew Mackenzie can talk about the consultation paper that we have issued. For the benefit of committee members and people who might read the Official Report of the meeting, I remind members that the consultation will conclude on 19 February. That is, as a result of the timetabling of the bill, less than the usual 12-week minimum period for consultation responses. Responses to the consultation that are submitted by that deadline will be very much appreciated.

Search Hansard contributions

Justice Committee, 12 Jan 2010

In the same item of business