Why You Should Not Risk Using an Unregulated Will Writer

Many people are unaware that anyone can operate as a Will writer and sell Wills. As such, Will writers are not required to adhere to guidelines; they can and do operate without any training, and are free to sell Wills without any consumer protection such as professional indemnity insurance.

The drafting of a Will can engage complex and legal financial areas, often involving technical issues of tax, trusts, and property rights. There is no doubt that drafting a Will is a complex activity and should not be done without training and knowledge in this field. What may seem like a straightforward Will instruction may turn out to be much more complex once the correct questions are asked of the client.

1. “Uninsured”

2. “poor quality drafting”

3. “dishonesty”

4. “fraud”

5. “significant costs”

Examples of common include poor quality drafting, dishonesty, fraud, and significant costs.  Many examples related to unregulated Will writers charging more than advertised with the final costs being sometimes over a thousand pounds!

Lack of clarity and accuracy can lead to family fallouts and potential claims. Most mistakes or defects in Wills are not found until after the client has died. Problems in the drafting of a Will have the potential to cause the most profound repercussions for the bereaved, who may be left with significant costs to resolve problems, be prevented from benefiting from the person they have lost, and be faced with an uncertain and difficult task to seek redress at a time of great emotional difficulty.

Solicitors are regulated by the Solicitors Regulation Authority, ensuring that a quality service is provided and that solicitors are acting only in their clients’ best interest at all times. Solicitors must satisfy a professional skills standard as part of their initial training. The wider legal training and expertise of solicitors brings additional benefit to a client, which is further bolstered by ongoing professional development training for all solicitors.

A solicitor will make clients aware of many related issues raised by a Will, such as tax, trusts and tenancies. If a client is unable to resolve a complaint about the level of service they have received from a solicitor then they may refer their complaint free of charge to the independent Legal Ombudsman, who holds formal powers to resolve it. If a solicitor prepares your will then you can be assured that they are regulated and insured.

At Kew Law LLP we will review your Wills free of charge. Our Private Client team have considerable experience in drafting all types of wills and can ensure that your Will is tailored specifically to your requirements, taking all the stress and uncertainty out of the process.

Frequently Asked Questions

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, meaning they are not required to meet specific standards, hold any particular qualifications, or insurance requirements.

Is it legal for anyone to write a Will for someone else?

Yes, in the UK anyone can offer Will-writing services. However, unlike solicitors, unregulated providers are not subject to strict rules or professional oversight.

What are the risks of using an unregulated Will writer?

Risks include poor drafting, unclear wording, hidden costs, lack of legal accuracy, and no insurance protection if something goes wrong. In some cases, this can lead to disputes, financial loss, or invalid Wills.

Why is professional indemnity insurance important?

It protects you if mistakes are made. Solicitors are required to have this insurance, meaning you may be compensated if errors in your Will cause financial harm.

How can a solicitor help with my Will?

A solicitor ensures your Will is legally sound, clearly written, and tailored to your circumstances. They can also advise on tax, trusts, inheritance planning, and other complex matters.

Examples

Example A

 A family dispute caused by ambiguity

Margaret’s Will, prepared by an unregulated provider, contained vague wording about how her property should be divided. After her passing, her children interpreted her wishes differently, resulting in a lengthy, costly and emotionally draining legal dispute.

Example B

Hidden assets overlooked

A Will writer failed to ask the right questions about a client’s financial situation, overlooking overseas assets and business interests. This created complications and delays during probate, increasing legal costs for the family.