Why you should avoid unregulated Will Writers

The recently reported case of the late Jack Rhodes of Bridgnorth, Shropshire, has again highlighted the danger of using unregulated Will-writing services. While that case is one of dishonesty, more common dangers are that many unregulated Will-writers have no legal training and carry no indemnity insurance for when things go wrong.

Quick and cheap Wills

A typical ploy is to advertise ‘quick’ Wills at unbelievably low prices. But after their unwitting victim instructs them, all of a sudden, the Will becomes “more complex than expected”. Many also discover they are presented with a host of hidden extras. The result is that a Will advertised for say £20 or £30 has turned into a bill for many hundreds or even thousands of pounds.

Justine Alford, a specialist Wills and Probate solicitor at BLB Solicitors, said: “Arguably, a Will is the most important legal document a person will sign in their lifetime. I therefore find it incredible that there’s still nothing preventing anyone from setting up a Will-writing service. It really does leave the most vulnerable people exposed to these predators, especially the elderly and those on low incomes. As solicitors, we’re sometimes left to pick up the pieces after a client has initially instructed a Will-writer. Their lack of training means they don’t have the expertise to provide proper legal advice, particularly in relation to Inheritance Tax planning.”

Justine also says that it’s not uncommon to find a Will prepared by a Will-writer does not meet the client’s specific wishes because of conflicting clauses, or through a lack of detail. “They simply cut and paste clauses from a computer software package without having the legal knowledge to understand their effect. But at least those clients who subsequently instruct a solicitor can put things right. Many others are entirely unaware of the ticking timebomb until it’s too late.”

Legal Services Board study

The pandemic saw a surge in unregulated Will-writers as people rushed to make Wills following the first lockdown in 2020. A recent study published by the Legal Services Board found there are currently 208,000 unregulated firms offering legal services in England and Wales, with Wills and Trusts forming their most common area of work.

Justine Alford’s advice is clear. “Avoid unregulated Will-writers at all costs. Solicitors are highly trained legal professionals, and we undergo continuing professional training to ensure our knowledge is up to date. In addition, our profession is required to be entirely transparent on costs from the outset, and in the very unlikely event that something goes wrong, we carry compulsory indemnity insurance.”