09 April 2025
Unlike solicitors, Will Writers are not required to hold professional qualifications, and many may not have any formal legal background. In fact, the Will Writing industry is currently unregulated, meaning there is no professional body overseeing the standards of these writers or ensuring they are keeping up to date with changes in the law.
This lack of regulation creates several risks for consumers. Without a governing body, there are no guarantees that Will Writers will offer high-quality services, and if something goes wrong, it can be very difficult to seek compensation or resolve the issue. Furthermore, there are no obligations for Will Writers to stay current with legal developments, which can result in poorly drafted Wills that fail to meet the client’s needs.
The Dangers of Remote Will Writing
One of the biggest concerns with unregulated Will Writing companies is that many of them prepare Wills remotely, often without ever meeting the client in person. This increases the risk of issues arising later on. For example, if a Will is ever challenged due to the testator lacking the mental capacity to make the Will or being under undue influence, how can a Will Writer prove that these factors were properly assessed if they never had direct contact with the client?
In contrast, solicitors and legal professionals, such as Legal Executives, are heavily regulated by bodies like the Solicitors Regulation Authority (SRA) and the Chartered Institute of Legal Executives (CILEx). These professionals undergo extensive training and must continuously update their legal knowledge to maintain their qualifications. This ensures they are well-equipped to offer expert advice and handle the complexities of estate planning.
Common Mistakes with Will Writing Services
Common issues include the inclusion of inappropriate trusts, which can trigger unnecessary inheritance tax liabilities. Some clients are persuaded to transfer their main residence into a trust to avoid care home fees and probate, but this strategy often backfires.
Transferring a property into a trust may not, in fact, shield the estate from care home fees, and it can complicate matters when the client dies. While probate might not be required since the client no longer owns the property, HMRC still needs to understand why the property was placed into trust, leading to additional paperwork and potential complications. Clients often find this process distressing, especially when they didn’t fully understand the long-term implications of their decisions.
Moreover, many clients have spent substantial sums on Wills and Lasting Powers of Attorney that are ultimately inadequate for their needs. This often leads to further costs after death, which could have been avoided with proper legal advice from the outset.
Regulation and Consumer Protection: Is it Enough?
The Competition and Markets Authority (CMA) has expressed concerns over the unregulated Will Writing sector, acknowledging that it poses potential risks to consumers. To address these concerns, the CMA has issued draft guidance aimed at better protecting customers. However, it's important to note that this guidance is not yet final, and the Will Writing industry remains unregulated.
Why You Should Choose a Reputable Solicitor
Given the risks associated with unregulated Will Writing services, it’s highly advisable to seek the services of a qualified solicitor or Legal Executive when creating a Will or Lasting Power of Attorney.
When it comes to something as important as your Will and Lasting Power of Attorney, don’t leave it to chance. Choosing a regulated professional with the right qualifications and expertise is the best way to ensure your wishes are respected and your estate is protected. If you’re looking for reliable legal advice, reach out to a reputable law firm like Aldridge Brownlee to help you navigate the complexities of estate planning.
If you have any questions about preparing your Will or Lasting Powers of Attorney, please do not hesitate to contact us on 01202 527008 or via online: Contact Us AB Solicitors For Your Legal Needs
