The Law Society set up the Wills and Inheritance Quality Scheme (WIQS)in 2014.
Crucial to achieving and maintaining the status is compliance with the Law Society Wills & Inheritance Protocol
THE PROTOCOL MANDATES THAT THE GOLDEN RULE OF WILL WRITING IS OBSERVED.....ALWAYS!
Solicitors and Will writers are left open to negligence claims if a capacity report is not obtained
A major issue facing lawyers & Will writers is that of an ever-increasing number of Wills being contested on the basis of impaired testamentary capacity; probate figures indicate that this is running as high as 1 in 7, and the rate when a charitable legacy is included, is rising even more quickly.
An analysis by Judith Bryant (Trusts & Trustees, Vol. 22, No. 9, November 2016, pp. 962–970) concludes that it is certain that there will be a continued increase in contested probate in the future and that the key driver to this is an ageing population, meaning testators are more likely to have their Wills contested on the basis of a lack of testamentary capacity.