Making a will is one of the most vital steps you can take to safeguard your loved ones and ensure your wishes are fulfilled after your death. However, not all will-writing services are equal, and in the UK, anyone can call themselves a “will writer”, even without legal training or oversight.
In England and Wales, will writing is not a regulated legal activity. This lack of regulation creates serious risks when you rely on an unqualified or unregulated will writer for your final wishes. Although they may seem convenient and affordable, they could endanger your final wishes and cause significant problems for your loved ones.
Here’s what you need to know to avoid common pitfalls and how to safeguard yourself and your family.
What is an Unregulated Will Writer?
An unregulated will writer is someone who offers will-writing services without being overseen by a professional regulatory body such as the Solicitors Regulation Authority (SRA). Unlike solicitors, unregulated will writers are not subject to mandatory standards of training, conduct or insurance.
Key risks
No formal legal training
A “will writer” is not required to have any formal legal training, unlike regulated solicitors who undergo years of training. This may lead to you receiving incorrect legal advice. Recently, there has been an increase in people being persuaded to set up so-called “property protection trusts” or “probate protection trusts,” often at considerable expense (fees for creating these trusts typically range from £2,000 to £5,000). A will writer might claim that transferring your home into one of these trusts will safeguard you and your family from needing to pay care home fees and inheritance tax, but unfortunately, this is often simply not true. Trusts are an extremely complex area of law, and will writers are very unlikely to have had sufficient (if any) training to provide accurate advice about trusts and whether a trust is suitable for you and your circumstances.
No Professional Insurance or Legal Recourse
Solicitors must hold professional indemnity insurance. If something goes wrong, this protects your estate and beneficiaries. Unregulated will writers may lack insurance entirely, and if they disappear, your family could be left without support or compensation.
Mistakes That Invalidate Your Will
Drafting a valid will requires accuracy. Many believe that an official-looking will is automatically legally valid. Unfortunately, this isn’t always true. Errors such as vague language, incorrect witnesses, or improper execution could result in the will being declared invalid, causing your estate to be distributed according to default laws rather than your wishes. Such mistakes can be costly, both financially and emotionally.
Lack of Safeguards for Vulnerable People
Unregulated writers are not obliged to follow professional guidelines on safeguarding vulnerable clients. That means there is a risk of undue influence, coercion, or a lack of capacity going unnoticed. This can lead to costly legal disputes later.
Unclear Fees and Hidden Costs
Some will writers promote very low fees to attract clients but then add costly “extras” like storage fees, executor appointments, or amendment charges. The Competition and Markets Authority (CMA) found that some unregulated will-writing firms employed aggressive sales tactics for additional services, refused refunds, or concealed fees. Solicitors must be transparent about their pricing.
How to Protect Yourself
- Use a Regulated Professional: Choose a solicitor regulated by the Solicitors Regulation Authority (SRA) or a chartered legal executive regulated by CILEx. You can verify credentials on official websites like www.sra.org.uk or www.cilex.org.uk.
- Ask Questions: Discover their qualifications, whether they have professional indemnity insurance, and how they manage disputes.
- Get Everything in Writing: Ensure you receive a clear summary of costs, what services are included, and how your will is stored.
- Avoid Pressure: If you feel rushed or uneasy, step back.
- Understand the small print: Check the small print and terms of business.
- Know your rights: You are entitled to a 14-day cooling-off period if you purchase a service online or after a salesperson visits your home.
- Use a credit card: Section 75 of consumer credit law states that your credit card provider shares equal liability with the retailer if issues arise over a purchase of £100 or more.
- Review Regularly: Like changes in marriages, children, property transactions. Review your will at least every few years or after major life events.
In Summary
Will writing is too important to leave in the hands of someone unqualified and unregulated. While Will writers might seem cheaper initially, the long-term risks – financial, emotional, and legal – can be significant for your family.
Choose wisely
At Newstead & Walker Solicitors, our Private Client department is headed by Partner David Dunphy, who qualified as a solicitor over 20 years ago and is also STEP qualified. David oversees three qualified solicitors, all of whom are Lifetime lawyers accredited. We have one of the most highly qualified Private Client solicitor teams in the Wharfe Valley, capable of handling all aspects of Wills, estates, trusts, powers of attorney, and deputyships.
For any further guidance or a free, no-obligation quote, please do not hesitate to contact us on 01943 461414 or email probate@newsteadwalker.co.uk.