Will writing services in England and Wales are unregulated — anyone can set up as a will writer regardless of legal qualifications. This means the quality of service varies enormously, and if a will writer produces a defective will that fails on your death, your family may have no practical recourse. Unlike solicitors (who must carry professional indemnity insurance and are regulated by the SRA), unregulated will writers have no mandatory insurance requirement and no regulatory complaints process. Understanding the difference between a regulated solicitor, a member of a professional body like the Institute of Professional Willwriters (IPW), and an unregulated will writer is critical before entrusting someone with one of the most important legal documents you will ever sign.
What is a Terms and Liability?
A will writing service agreement is a contract between a client and a will writer for the preparation of a last will and testament. The service typically includes an initial consultation to understand the client's wishes, drafting the will, reviewing and amending the draft, and producing the final document for execution. Some will writing services also offer will storage, executor services, and estate planning advice. In England and Wales, will writing is a 'reserved legal activity' only when it involves the preparation of probate papers — the writing of the will itself is NOT a reserved activity, meaning unregulated individuals can legally offer this service. Scotland has different rules, and Northern Ireland requires will writers to be qualified solicitors.
Red flags to watch for
Without membership in a professional body, there is no complaints process, no code of conduct, and no mandatory insurance. If the will is defective, you may have no remedy.
If the will writing company goes out of business or charges to release the will, your family may not be able to locate the original document after your death. Always keep the original or lodge it with the Probate Service.
Some will writers aggressively promote trust arrangements for estate planning purposes that they are not qualified to advise on. Complex trust arrangements require specialist legal and tax advice.
If a defective will causes your family to lose thousands or hundreds of thousands of pounds, limiting the will writer's liability to their fee (often GBP 100-300) provides virtually no protection.
Professional executorship fees based on a percentage of the estate value (typically 1-4%) can cost thousands of pounds. A family member or friend can usually act as executor at no cost, with professional help only as needed.
Your legal rights
Will writing in England and Wales is not a reserved legal activity under the Legal Services Act 2007 — it is unregulated, meaning anyone can offer the service. However: will writers who are members of the Institute of Professional Willwriters (IPW) or the Society of Will Writers (SWW) are bound by their codes of practice and must carry professional indemnity insurance; solicitors are regulated by the SRA and must carry minimum PII of GBP 2 million; the Consumer Rights Act 2015 applies to will writing as a consumer service — the service must be performed with reasonable care and skill (s.49). If a will writer's negligence causes financial loss (e.g., a defective will that fails intestacy rules), you or your estate may have a claim in tort for professional negligence, though recovery is difficult if the will writer is uninsured. The Legal Ombudsman can handle complaints about regulated legal services providers but NOT unregulated will writers. Trading Standards can investigate misleading or unfair practices under the Consumer Protection from Unfair Trading Regulations 2008.
Questions to ask before you sign
- 1Are you a qualified solicitor, or a member of the IPW, SWW, or STEP?
- 2Do you carry professional indemnity insurance, and if so, what is the coverage amount?
- 3If my will turns out to be defective after my death, what redress does my estate have?
- 4Where will the original will be stored — can I keep it myself or lodge it with the Probate Service?
- 5Are you recommending trust arrangements as part of this service, and are you qualified to provide trust and tax advice?
- 6If you are offering to act as executor, what fee do you charge and how is it calculated?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.