[Business] 'Quickie' divorces and will writing to be investigated

Firms offering "quickie" divorces and will writing are to be investigated by the UK's competition watchdog.

The Competition and Markets Authority (CMA) said it would examine claims made by online divorce services, which have become more popular since lockdown.

Some vulnerable customers had also contacted it after being pressured into signing up for will-writing services.

The CMA said there were now many alternatives to law firms, especially where the adviser is not a solicitor.

It said these alternatives to conventional law firms can be more convenient and cheaper, but "where they are unregulated, it becomes all the more important that normal consumer protection laws are complied with and, if necessary, enforced".

Online divorces, which are promoted as a faster alternative to the traditional process, have received a boost following Covid lockdowns.

However, some people complained to the CMA about misleading claims about both the simplicity of the process and prices, leaving them unclear about what they could get help with or what they were paying for.

They also complained about "inadequate quality of service". This included firms using the wrong forms, entering incorrect details and sending papers to the court late.

In the UK will writing is an unregulated service and anyone can legally draft a document.

The CMA says in some instances consumers have been attracted by an "extremely low" initial fee for advice without being warned how the costs could escalate significantly.

Some complaints involve reports of vulnerable customers being subjected to pressure selling and coercion.

Pre-paid probate plans will also come under investigation. This is where customers pay set fees upfront for probate - the legal process of managing someone's estate when they die.

The idea of these plans is that when someone dies their families will not have to pay anything else towards the finalising of their financial affairs.

Apart from pressure selling, the CMA is concerned about there being a lack of transparency about what costs are covered by the plans, or people being sold unnecessary plans. In some cases this can lead to delays in the probate process and bereaved relatives being left unable to settle bills or sell property.

CMA chief executive Sarah Cardell said the three areas identified - online divorce services, will writing and pre-paid probate plans - were essential to people, "often at the most challenging times in their lives".

"That's why it's so important that we investigate so that people can select the right legal service for them - for divorce or probate or will writing - with confidence. It's essential that firms get the basics right, including complying with general consumer law which applies to all traders. Customers must get a fair deal."

The watchdog is calling for consumers who have used any of the services or other interested parties to get in contact by 4 September with details of their experiences.

If the CMA concludes that firms have breached consumer law, it can respond in a number of ways, including taking enforcement action such as obtaining a court order.

Initially though, it might simply provide advice on complying with the law or obtain a commitment from the company that it will change its practices.

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