The Risks of Using an Unregulated Will Writer in the UK

When planning for the future, ensuring your assets are passed on according to your wishes is essential. A well-drafted Will provides peace of mind that your loved ones will be taken care of and that your estate is handled correctly. However, the rise of unregulated Will writers in the UK has introduced significant risks that can jeopardise the validity and execution of your will.

What is an Unregulated Will Writer?

Unlike solicitors, who are regulated by the Solicitors Regulation Authority (SRA), many Will writers operate without any legal oversight. These individuals or companies offer Will-writing services without the same level of legal training, client protection, or professional accountability.

The Risks of Using an Unregulated Will Writer

Lack of Legal Knowledge and Expertise

Writing a Will involves more than just listing your assets and naming beneficiaries. It requires an understanding of complex legal principles, such as Inheritance Tax laws, Trusts, and Estate Planning. Unregulated Will writers may lack the necessary knowledge, leading to errors that can make a Will invalid or create unintended consequences for beneficiaries.

No Regulatory Protection

Regulated solicitors must adhere to strict professional standards and are required to have insurance in case of negligence. If an unregulated Will writer makes a mistake, there is usually little possibility for compensation, leaving families to deal with costly legal disputes.

Risk of Fraud and Mismanagement

Without regulation, there is no assurance that an unregulated Will writer will act ethically. There have been cases where Will writers have disappeared with clients’ money, charged excessive fees for storage, or even named themselves as executors to exploit estates for personal gain.

Invalid or Poorly Drafted Wills

A Will must meet strict legal requirements to be valid in the UK. Simple errors, such as incorrect witness signatures or ambiguous language, can result in a Will being contested or deemed invalid. This could lead to assets being distributed according to Intestacy Laws, rather than the deceased’s wishes.

No Legal Duty to Act in Your Best Interest

Unlike solicitors, unregulated Will writers are not bound by a code of conduct that prioritises clients’ best interests. This lack of accountability increases the risk of mis-selling, where clients are pressured into unnecessary or unsuitable products, such as expensive Will storage services or complicated trusts.

For any further guidance with Wills, do not hesitate to contact Aston Bond’s qualified and trustworthy Private Client team on lthomas@astonbond.co.uk and sclark@astonbond.co.uk for a complimentary initial consultation.