Beware of unregulated will writing services
5 Minute Read
Your will is one of the most important documents you will make. It sets out your final wishes and provides certainty to your loved ones. Your will allows you to maintain control of your estate, rather than relying on the law to dictate the distribution of your assets.
Making a will can simplify the legal process for your loved ones.
We are finding increasing reports from clients that are facing difficulties by using online platforms or unregulated will writing services. We are also become increasingly aware that many clients are having negative experiences with online will writing companies, that do not offer face-to-face appointments or have local offices.
These will writing companies may appear attractive due to low upfront costs however, they may create issues and risks which can affect your family in the future.
Here are a few reasons as to why choosing a regulated law firm is the safest path for your will:
1. Regulation and Accountability
Solicitors in the UK are strictly regulated by the Solicitors Regulation Authority (SRA). This means that we are bound by a code of conduct to always act in the best interests of our clients. If our services are not held to a high standard, clients have a clear formal path to take further action, such as a formal complaints procedure, reporting to the SRA or the Legal Ombudsman.
In contrast, unregulated will writers may not be governed by a professional statutory body. This can and has resulted in many cases of high legal costs, poor advice, errors in wills and may leave your loved ones with no protection to navigate these issues.
Similarly, we are finding a lot of clients are unable to trace will writers or original documents from services they have used in the past.
2. Tailored Advice
We have seen first-hand that many clients are receiving ‘standard advice’ from will writers. This includes many clients being provided the exact same advice on inheritance tax and estate planning whilst also including trusts, even in situations where this is not necessary.
As Solicitors, we will take the time to ask the right questions, understand your personal finances and family dynamics and tailor our advice specifically to meet your needs and wishes.
3. Professional Indemnity Insurance
One of the biggest factors and benefits to using a Solicitor is the indemnity insurance, which is mandatory for all regulated solicitors to hold. Should any errors be incurred resulting in a financial loss, the insurance provides a safety net to your loved ones.
Whereas, any unregulated bodies may not be provide the same benefit and your loved ones could be left with substantial financial losses should this arise.
4. Local Firms
Many clients who have unfortunately received a negative experience with online companies or will writers often comment on the lack of ability to contact, correspondence or speak with their advisers. This is regularly due to the fact that a lot of companies are working remotely and will unlikely be local to many clients.
Using a local solicitor provides you with a clear route of access to attend the offices and to meet with your advisers face to face.
5. Safe & Secure Storage of Your Documents
There are other factors to consider, such as online companies or will writers being unable to provide safe reliable storage for your original documents.
We are aware of an increasing number of cases where loved ones are unable to locate original documents for deceased family members, which can cause severe issues or delays when dealing with a person’s estate.
As Solicitors, we offer secure storage for all clients. In the event of a Solicitors firm closing down, The Law Society makes alternative arrangements for the storage of documents.
6. Full-Package Legal Services
In addition, by instructing a solicitor we can provide a comprehensive service including the administration of the estate. Frequently, we are asked to assist with Probate because a will writing firm doesn’t offer this follow up service.
7. Reduced Risk of a Probate Dispute Arising
When a will is professionally prepared by a Solicitor, the likelihood of disputes arising after death is significantly reduced. A Solicitor will ensure the will is properly drafted, clearly expressed and executed in accordance with the relevant legal requirements.
We also take the time to discuss your circumstances in detail to ensure your wishes are accurately reflected. This can help avoid misunderstandings between family members and reduce the risk of disagreements or challenges to the estate after you have passed away.
This also applies to “DIY wills” provided in template form by some online companies. You can learn more at: Rise of probate disputes linked to DIY wills.
Will writing is complex and requires professional expertise
It is important to ensure the will drafting is correct and accurate. We understand that wills are very complex to read and we are aware that many clients often rely on Solicitors to provide advice, explain the terms of the will and ultimately, ensure the will is correctly drafted.
One misplaced word, a missing clause or failure to follow the formalities of signing a will can lead to complications which can be lengthy and expensive to rectify. A Solicitor’s expertise will ensure that your instructions are legally binding, clear and accurate to reflect your wishes.
We are expert wills & probate solicitors with offices in Middlesbrough and Redcar
Our wills and probate team has the specialised knowledge and experience needed to offer transparent advice.
Visit Wills, Probate & Estates to learn more about our services or Contact Us to arrange an initial consultation.