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The UK’s competition watchdog has recently held an inquiry into whether members of the public are getting a fair deal from some will-writing services.
Some companies that help people draw up wills are not regulated in the same way that solicitors and other legal professionals are. This has led to concerns that people who use their services to help draft their wills could be in danger of being ripped off.
The inquiry has now published its findings, as well as new guidance for consumers who are buying will writing services. Below, we explain the main findings as well as how to avoid issues with will writers.
In July 2023, the Competition and Markets Authority (CMA) launched an inquiry into will writers following complaints from unhappy consumers. The CMA published the results of its investigation in October 2024.
It found that some companies had been adopting aggressive sales tactics for additional services, as well as failing to deal with complaints or unfairly rejecting refund requests.
“Regulators identified seven firms, which they will not name but which they wrote to, warning them to provide consumers with the information they need to make an informed decision, and to be more open about costings,” says Donna Bothamley, head of wills and probate at Blythe Liggins Solicitors.
If the businesses in question do not clean up their acts, they could face formal legal proceedings. Cathryn Culverhouse, partner at DMH Stallard, adds: “The CMA has published information for businesses operating in this unregulated sector to help them understand and comply with consumer law, as well as guidance for consumers setting out what they should consider and look out for when buying will-writing services.”
For the time being at least, the CMA has decided that there is no need to impose regulations on will writers, although the watchdog will be able to fine persistent offenders under new powers that come into effect in April 2025. Richard Dundee, partner at law firm Wright Hassall, says: “It is worth noting that the unregulated sector has seen consistent improvement over the past decade.
The recent investigation by the CMA, the subsequent guidance they have offered to the unregulated sector, and their new fining powers will go a long way to deter rogue will writers and strengthen consumer choice.”
James Antoniou, Head of Practice - Estate Planning at Co-op Legal Services, says: “Co-op Legal Services is extremely supportive of any investigations which help to ensure the highest ethical standards of trading, and we hope that the guidance set out by the CMA helps achieve this for consumers.”
Bothamley, however, believes that tighter controls are needed. “A will is something that an individual may only do a few times in their life, and they need to find an adviser who they know will explain to them all of the options available and all the costings up front,” she explains.
The new guidance for consumers explains how to choose a will writer, what the differences are between regulated and unregulated services, and what your rights are as a customer.
It also points out that, although unregulated services are likely to be cheaper, it’s up to individuals to balance price against considerations such as quality, provider experience and the consumer protections available.
If you’re thinking about using a will-writing service, here are some tips to help you avoid potential problems.
1. Check if the firm is regulated or part of a trade body. Some will writers are regulated, for example by the Solicitors Regulation Authority. There are different regulators in different nations of the UK. If the will writer is regulated, this means they have to follow codes of conduct and requirements for standards, training and qualifications set down by their regulator. If you later have problems and the business does not resolve them, you could complain to the Legal Ombudsman (in England and Wales) or Scottish Legal Complaints Commission (in Scotland) or the Law Society of Northern Ireland, and you may have access to compensation.
If you choose to make a will with Saga Legal, Saga has partnered with Co-op Legal Services, which is regulated by the Solicitors Regulation Authority.
Even if the company you are dealing with is not regulated, it might be part of another organisation such as STEP (the Society for Trust and Estate Practitioners), that has its own code of conduct or complaints procedure.
2. Find out the costs in advance. Before you sign up for any service, you should be clear what you are paying and how much it will cost. Get this information in writing.
3. Ask who will write the will, their qualifications and experience. Also ask if they have professional indemnity insurance. If not, you might not be able to get compensation if things go wrong.
4. Don’t be pressured into buying a will. If you feel pressured, or if you feel uncomfortable, it’s ok to ask the salesperson or will writer to leave your home, or to say that you are ending the call if the conversation is over the phone.
5. Make sure you understand the small print. Will-writing services may come with numerous terms and conditions, and may use unfamiliar words. If there is anything that isn’t clear, ask for an explanation.
6. Don’t agree to small print that limits how much compensation you could be entitled to. For example, it may say that the business will only be liable up to a certain amount if something goes wrong. The cost of a badly drafted will can add up to a lot more than you might think.
7. Be clear about extra services. Some firms will offer additional services, for example acting as an executor. These can be expensive, so think about whether you need them. The role of executor doesn’t have to be played by a professional – it could be a trusted friend or relative. Find out more about what’s involved in being an executor.
8. Know your rights. Even if you’re using an unregulated service, your consumer rights still apply. For example, you’re entitled to a 14-day cooling-off period if you buy a service online or after a salesperson visits your home.
9. Use a credit card for additional protection. If you pay using a credit card, the credit card company is jointly liable. So if something goes wrong you may be able to ask them for a refund, for example. Read more about section 75 rights when you pay with a credit card.
Dundee explains: “There are several options available to people when they want to draw up a will. A person may choose the traditional route of visiting a solicitor. The benefit of this is that solicitors have been preparing these types of documents since the Middle Ages, and they are required to be insured, undertake ongoing professional development and are heavily regulated.”
He adds that an alternative is to use a will writer. “This type of professional may also be a financial adviser, accountant or pension expert who provides will-writing services alongside their usual products.
"Although not strictly required, most will writers and/or estate planners volunteer to be regulated by independent organisations such as the Society of Will Writers.” While will writers may not be as qualified or regulated in the same way as a solicitor, the appeal is that they are usually less costly.
Bothamley says that if you are considering using a will-writing firm, you could consult the Society for Trust and Estate Practitioners (STEP) to help you find a company in your area. STEP is a global organisation made up of lawyers, accountants and financial advisers.
The cheapest option is to take a do-it-yourself approach. Dundee says: “Online will-writing services have become popular in recent times, allowing people to prepare their will in the comfort of their own home.
“However, it's worth noting most online services are ‘execution only’, meaning if you use one, you won't receive in-depth, personal advice relating to your particular circumstances. This type of service can be useful for people who have simple wishes but is potentially dangerous for those with more complicated family situations.”
Culverhouse adds: “It is essential that anyone who owns assets should draw up a will. Studies show that there is a clear gap in the public's knowledge as to how their estates will pass on to their relatives should they not have a will in place. “
There are extremely limited circumstances when I would suggest making a homemade will, and this would be reserved to very small estates with simple assets and family dynamics.”
Will writing support from Saga Legal
Saga Legal has partnered with Co-op Legal Services who provide regulated legal services, helping to ensure you have the right level of support and protection for yourself and your family by putting in place the right will for your needs. Co-op Legal Services is regulated by the Solicitors Regulation Authority.
The will writing specialists at Co-op Legal Services can assess your circumstances and recommend the right type of will for your individual needs. They’ll then draft your will, send it to you for signing and, once completed, they can store it securely for free for the rest of your life. Their services include single wills, mirror wills and trust wills, and their will writing prices are fixed, so you know what you'll be paying before any work begins. Find out more
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