SRA drafting and preparation of Wills guidance
SRA drafting and preparation of Wills guidance

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • SRA drafting and preparation of Wills guidance
  • Guidance principles
  • Client care outcomes
  • Executors
  • Management
  • Gifts to someone in the practice
  • Will storage

According to SRA research, 25% of Wills produced were 'not fit for clients' purposes'. Their subsequent guidance is an attempt to remedy this and came hot on the heels of similar guidance issued by the Law Society (WIQS) and, coming into force in April 2014, by STEP (STEP code for the preparation of Wills in England and Wales), the SRA guidance specifically refered to both the Law Society and STEP guidance. It would thus seem to imply that observance with either of those schemes will satisfy the SRA guidance.

Generally, the SRA guidance was stated as not forming part of the SRA Handbook 2011, but warned that if there are regulatory issues relating to Will preparation the guidance may be referred to.

It is suggested that the SRA guidance remains relevant and should be read in conjunction with that produced by the Law Society and STEP. They all have similarities and there is no radical difference that is notable, save that for STEP members the guidance is mandatory, the WIQS principles are voluntary and the SRA's guidance is just that. What is inescapable is that with the SRA involvement in the Will preparation process, all practices involved in that area of work now need to have specific systems in place.

Note that, as with the STEP guidance, the SRA version did not refer to