Don't fall for these Will scams

These unscrupulous scammers look to take advantage of the grieving.

Shock horror - I received a cold call this week that wasn't trying to flog me dodgy investments. The called gave no details of what the call was actually about, instead asking a series of personal questions.

“Have you written your Will?” he asked, adding, “Even if you have, it's time to rewrite it.”

I asked where he had got my details were from. The usual response is: "We got them from a marketing survey you filled in, but I don't know which one.” However this chap slammed the phone down. It was a number withheld job, naturally.

Although a Will is a public document after death, I would never wish to discuss it over the phone.

It's not just a matter of privacy. There are plenty of Will scams out there, many of which start with a cold call. Given the emotions in the aftermath of a death, it can give the unscrupulous the chance to set up matters so that they can rip off the deceased's estate with a figleaf of legality, or at least know they will not be challenged by grieving family and friends.

The top Will scam

The top con is for scam merchants to write themselves into the Will. This is rarely as crude as making someone sign “I leave £1,000 to Mr A Scamster”. People would probably notice that.

Instead, they suggest a friendly firm of just-about-legal solicitors to act as executors to the estate, legally responsible for winding up the deceased person's affairs, selling off property, paying any Inheritance Tax, sorting out debts and ensuring beneficiaries get what is due.

You can appoint your family or your friends as executors. Or you can appoint a law firm, but remember they will charge fees for this.

The racket is to make the initial fee for writing the Will very low and then the executor fees very high. There have been cases where someone leaving £500,000 in cash to be equally divided among four grandchildren ends up paying £40,000 when all that is needed is a few hours of low grade work.

Once someone is appointed as an executor, it is very difficult to remove them.

My father was conned

My father was caught out by a version of this. He found a solicitor - now struck off - to write his Will for £50. The document was watertight - some Will writers are so bad that the Wills can be contested. The lawyer was not an executor. When my father died, I asked the lawyer how much the work would cost. He said £3,200. No one wanted to argue so soon after the funeral and the sum sounded acceptable.

Nearly a year later, he sent in his bill. It was for over £14,000, more than four times his quote. I threatened to complain to the Solicitors Regulatory Authority so he immediately cut it back to £5,800. I should have bargained him down again, but my mother decided against as he was "such a nice man".

When my mother died more recently, I was determined not be caught again. I went to finalduties.co.uk, a website that provides fixed cost processing. It was around £3,500 for more work than with my father, carried out by a regulated solicitor.

The 'additional extras' scam

Scam number two (it can run alongside the first racket) is selling possibly unwanted extras such as funeral plans or insurance policies paying out a fixed amount on death. Both can pay substantial commission. The pitch will be a hard sell, emphasising that signing up to such extras will spare your family from additional anguish when you pass away.

Some go far beyond this. Part of the 'service' is visiting your home. There have been cases of Will writers trying to sell expensive replacement windows or a new kitchen or, worst of all, looking around for antiques that a friend can come and buy up cheaply.

Scam number three is to advertise a service for, say, £50 and then charge £1,000 or more as legal “extras” are discovered.

Avoid getting caught

While some non-solicitor Will writers are very good at their job, there's no regulation of the sector. So if your only protection is to stick to firms that are members of the Society of Will Writers (SWW), the Institute of Professional Will Writers (IPW) or the Society of Trust and Estate Practitioners (Step).

Unlike solicitors, anyone can set up as a Will writer without the need for any formal training. Many make elementary mistakes. These are often bad enough to ensure the Will is invalid, money goes to the wrong person or even incorrect amounts are received by the beneficiaries.

There was been a substantial campaign to ensure all Will writers were regulated, supported by the better Will writers. But it came to nothing last year when, for reasons never properly explained, the Government rejected the proposal despite backing from the Legal Services Board which had held a two year inquiry into Will writing.

More on scams:

Firm pushing "the ultimate scam" closed down

The banking scam that targets the rich

Don't be enticed into this 'banned' investment!

The scam script that never changes

Appleguild: scammers that came back from the dead