Competition watchdog warns against unregulated Will writers

The Competition and Markets Authority (CMA) has issued a stark warning about the rising number of unregulated Will writing firms in the UK. With concerns over aggressive upselling and inadequate consumer protections, it's vital for individuals to be informed before making such an important decision. In their new guidance, the CMA highlights the risks associated with unregulated services and emphasises the advantages of working with qualified solicitors.

The Competition and Markets Authority (CMA) has raised concerns about the growing number of UK consumers who are using the services of unregulated Will writing firms.

The CMA has written to seven providers of unregulated legal services cautioning them against using particularly concerning practices such as aggressive upselling, the refusal of refunds and failing to respond to complaints.

As these types of services are not purchased very often, the CMA is concerned that consumers may not have a clear idea of what they may be expected to pay or the different options available to them. So, to help boost compliance levels across unregulated legal services, the CMA is also issuing new tailored guidance for businesses in the sector.

To complement the guidance for businesses, the CMA has published consumer guides for people making a Will. The significant consumer risks associated with pre-paid probate services are also highlighted.

Hayley Fletcher, CMA’s Interim Senior Director for Consumer Protection, said: “Those offering these types of legal services often meet their customers at some of the most challenging times in life, so it’s particularly important that a difficult time is not made harder by misleading or unfair practices.”

The CMA’s new guides for consumers outline the options available when choosing a Will writer including the key things people need to keep in mind when buying these services and the potential sources of help if things go wrong after purchase. 

Consumers are cautioned to think carefully before buying pre-paid probate plans as they come with significant consumer protection risks, including that the company could cease trading before the consumer’s death.

Using a qualified solicitor to write your Will offers crucial advantages over unregulated Will-writing services.

Solicitors are regulated by the Solicitors Regulation Authority (SRA). This ensures they adhere to strict standards of conduct. This regulation gives consumers clear legal protections if something goes wrong, providing a path to recourse through the legal system.

Unregulated Will writers may not be subject to the same oversight, increasing the risk of errors that could cause disputes or invalidate your Will. Solicitors can offer expert advice on complicated areas such as inheritance tax, setting up trusts, and ensuring your assets are properly distributed according to your wishes.

They can also navigate issues that are specific to the law, such as ensuring your Will complies with the Wills Act 1837, which governs the legal requirements for a valid Will.

In addition, solicitors are fully insured, meaning that if a mistake is made, you are protected and can seek compensation. While unregulated services might be cheaper initially, using a solicitor provides the reliability and legal safeguards essential for such an important document.

Please contact us if you would like more information about the issues raised in this article or any aspect of Wills and Probate on 020 8290 0333 or email info@judge-priestley.co.uk.

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