Will Writers vs Solicitors: What You Should Know Before Choosing Who Writes Your Will
Many people are surprised to learn that in England and Wales, will writing is not a regulated activity. Anyone can set up as a “will writer” and draft one of the most important legal documents you will ever sign, without holding any specific qualification, carrying insurance, or answering to a regulator.
This is quite different from instructing a solicitor, who is subject to extensive regulatory requirements. Both can produce a legally valid will, but the level of protection available to you if something goes wrong differs significantly.
This blog sets out why that gap exists and what it means in practice.
Why Will Writing Falls Outside Regulation
The Legal Services Act 2007 sets out a list of “reserved legal activities”, including conducting litigation, probate work, and notarial acts, that only authorised, regulated professionals may carry out. Will writing is not included on that list. It sits alongside a range of general commercial services: legal in nature, but without a statutory framework protecting the consumer.
This means a will writer can operate without holding any specific qualification, without professional indemnity insurance, and without being bound by a regulator’s code of conduct.
Recent Competition and Markets Authority Attention
This gap has drawn regulatory attention. The Competition and Markets Authority has recently focused enforcement activity on the will writing sector, specifically examining compliance with consumer protection law. This reflects ongoing concern about the level of consumer protection in this unregulated space.
What Regulation Actually Provides
Mandatory insurance: Every SRA-regulated firm must hold professional indemnity insurance, meeting minimum terms set by the SRA. The SRA’s rules also limit the grounds on which an insurer can decline to pay a claim. This means that if a solicitor makes a costly error, there is a funded mechanism in place to address it.
A formal complaints route: Regulated firms must maintain a complaints procedure, and clients who remain unhappy can escalate matters to the Legal Ombudsman, which can award compensation and direct other remedies. Unregulated will writers are not subject to this framework, so options for redress may be limited to pursuing court action independently.
Mandatory transparency: Solicitors are required to ensure clients understand how their service is priced, the likely overall cost, and how (or whether) the service is regulated. An unregulated provider is under no obligation to disclose this information.
Why This Matters
Solicitors are trained to keep detailed attendance notes at every stage of preparing a will, recording what was discussed, the reasoning behind key decisions, and an assessment of the client’s mental capacity at the time. Will writers are not required to maintain records to this standard, and in some cases may keep very little at all. This can become a serious issue if a will is later challenged, whether over the testator’s capacity, undue influence, or the reasoning behind a particular gift, as it may leave nobody able to explain what actually happened when the will was made.
A will is not a document to be filed away and forgotten. It determines who inherits your estate, who is responsible for your children, and whether your wishes are carried out as intended. Errors typically come to light after death, when the person who made the will is no longer able to correct them and the people they intended to protect are left to deal with the consequences.
These are exactly the situation in which accountability, insurance, and regulatory oversight matter most.
Getting the Right Advice
Given the regulatory gap outlined above, and what can be at stake if something goes wrong, it is worth having your will prepared by someone who is properly regulated, insured, and accountable for the advice they give.
If you are thinking about making a will, updating an existing one, or simply want to understand your options, our team would be happy to help. Please get in touch with our private client team to arrange a conversation.