Drafting a will can be challenging, partly because it can be a strain on your emotions. Contemplating death and what support you can provide for loved ones once you’re no longer here is an awful lot to think about. To make matters worse, there are no regulations in place for will writers.
Across the UK, will writing is deemed a ‘reserved legal activity’, which allows anyone to write a will. While this has some benefits, it also attracts those willing to take your time and money through false promises. With the variety of scams and opportunists around, it can be hard to know how to make sure you’re receiving a legitimate service that meets your needs.
Here are some tips and things to look out for when considering if a will writer is legitimate and right for you.
While there are no requirements for will writers to be regulated, there are several regulatory options available. The Society of Will Writers and Estate Planning Practitioners, also known as SWW, provide a strict code of practice that will writers registered with it must follow. Failure to follow this code can lead to sanctions against the individual, and in some cases even expulsion from the SWW.
The Solicitors Regulation Authority, also known as the SRA, is not specific to just will writing, but it’s exclusive to solicitors and has a code of conduct that they’re expected to follow. They also have seven core principles that should underpin all their work, including acting with integrity and honesty, and in a way that provides for the client’s best interests and upholds public trust and confidence in the profession.
There is also CILEX, whose code of conduct must be reflected in its members' professional duties and outcomes. It encourages proper practice to protect clients and uphold legal diligence, and supports members’ further development to deepen their knowledge and understanding of their respective fields and to provide a better service.
All these options incentivise will writers to follow strict professional rigour in order to live up to the trustworthy reputation they promote. They also provide an additional route to raise complaints or concerns if you find your will writer isn’t providing a proper service.
While you may not know exactly what you want to include in your will, your will writer should be able to provide some basic pricing. If it provides standard costs, make sure you check what’s included, for example, VAT, or other services such as printing and binding your will. If you decide to include more complex provisions in your will, such as a trust, this might cost extra. It’s always best to confirm the costs as soon as possible so you’re not caught out by unexpected charges.
If you choose to appoint your will writer as an executor, check how much this service costs. Some firms charge a fixed sum for the service, while others have an hourly rate. In some cases, it may be a percentage of your final estate. These figures are important to know while drafting your will, as they affect the final value that your beneficiaries will inherit.
Choosing the right will writing service for you can be challenging, especially if you haven’t drafted a will before or are unaware of the different choices available. Wills can range from the very simple to deeply complex, depending on your personal circumstances and what you’d like to see reflected in the documents. A thorough wills service should try to find out more about you before confirming whether its service is suitable or not, even if it’s just through a simple questionnaire.
For example, if you own a business, you may want to choose a will writer that can advise you on how your business assets will be passed on through your will. Even if a will writer can’t directly advise you on a particular area, they should be able to direct you to somewhere that can – perhaps an independent financial adviser for inheritance tax advice, or the SRA to find a solicitor in your area who can advise on family law. There are also several government resources that are free to access and provide further information.
A reputable will writer should talk you through the options they provide, including the pros and cons of each. In some cases, an option is purely a personal choice. For example, you might have strong views about where you want to be buried, and a will writer should be able to highlight the different cost factors for each option.
This information can and should be provided in a number of ways. A conversation, either face-to-face or over the phone, is beneficial as it allows you to discuss the impacts of different options as they come to mind and clarify how they may work in specific scenarios. An email or other written document is also handy, as you can refer back to it so you can be confident in the choices you’ve made. It can also provide useful information to the people carrying out the wishes in your will.
While it’s important to make your will in a timely manner, don’t be pushed into rushing any decisions without proper consideration. Drafting a will can be an emotionally draining affair, and a will writer should allow you some time to consider your options and have discussions, if you choose to, with family members and friends about your choices.
It can be useful for a will writer to remind you that the process of making your will is ongoing and that your documents aren't valid until they’re properly signed and witnessed, as it can be easy to forget where you are in the process. However, they shouldn’t pressure you to complete the drafting quickly, as rushing means that important aspects are likely to be missed.
Another example of unnecessary pressure is if the will writer tries to impose themself as your executor (the person who carries out your wishes as detailed in the document). While a professional can act in this role, it’s common for people to appoint family or friends to carry out these duties. What’s more, professionals will often charge extra for this, whereas family and friends can fulfil this position for free, and would only need to make a payment with proceeds from the estate if they decided to seek specialist support.
You can choose to leave your estate to whomever you wish, but it’s crucial to make a properly informed decision with all the necessary information available. As part of drafting your document, a reputable will writer will address considerations such as including a contemplation of marriage/civil partnership clause to ensure your will is not revoked once you’re married, or highlighting
that an ex-spouse or civil partner may be able to raise a claim against your estate and explaining how you can counter this.
Ultimately, make sure you choose a will-writing service that provides open and honest communication, allowing you to make informed decisions and draft a will that accurately meets your wishes.
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