Will Writers vs Solicitors – What’s the Difference?

When it comes to writing a Will, many people are drawn to low-cost services advertised online, sometimes for as little as £20 and we have recently discussed the pitfalls of such ‘DIY’ Wills. While these services may seem appealing due to their affordability, prospective clients may not be aware of the potential risks involved. The Competition and Markets Authority (CMA) recently raised concerns about unregulated Will writing firms and the growing number of UK consumers who are using those services. Complaints included aggressive upselling, the refusal of refunds and failing to respond to complaints.

1. Will Writers are Unregulated and Unqualified

One of the main differences between Will Writers and Solicitors is that Will Writers do not require any formal legal qualifications, meaning they may not have the necessary experience or knowledge to draft your will, especially if the will is complex – for example you have a blended family, business interests, multiple properties or own a property abroad. In these circumstances (and many more besides) an in-depth legal knowledge is vital to ensure that your will is legally sound.

An experienced solicitor on the other hand, will have in-depth legal knowledge and will know exactly what questions to ask in order to produce a Will tailored specifically to your needs.

2. Risks of poorly drafted Wills

A poorly drafted Will can lead to serious issues after your death. For example, a gift can ‘fail’ meaning it  does not take effect as you intended. This can happen for a variety of reasons such as a Will Writer not understanding the legal intricacies of property ownership. If you own property jointly with another person, a Will Writer might fail to check how the property is held between joint owners and mistakenly include that property in your Will when it isn’t legally yours to bequeath.

An experienced solicitor ensures every detail is checked and properly documented as a matter of routine to avoid such issues.

3. Legal Protections and Safeguards with Solicitors

Importantly, solicitors are regulated by the Solicitors Regulation Authority (SRA) which means they are bound by strict codes of conduct and professional ethics. This provides consumers with clear legal protections if something goes wrong. If a solicitor makes an error, there are established procedures for recourse through the legal system offering you peace of mind.

In contrast, Will Writers are not bound by the same regulatory framework and there may be fewer safeguards available if mistakes are made.

4. Will Challenge

Finally, Will challenges are on the rise and a poorly drafted Will is more likely to be contested. Challenges can arise is a Will has not been professionally drafted,  properly witnessed and executed, or if there are concerns as to your testamentary capacity at the time the will was written.

Solicitors are required to retain their files and records for specific periods of time meaning if your Will is challenged, key evidence of your intentions is available. The file can be crucial in claims regarding the validity of a Will. Unfortunately, it is common for Will Writers to fail to keep such records or do so inadequately, making it more difficult to defend such challenges.

5. Why choose a Solicitor for your Will?

Whilst unregulated Will Writer services may be significantly cheaper initially, the potential risks and complications in the future make it a false economy. By using a solicitor, you are investing in a professional drafted Will which is legally sound.

Solicitors offer reliability, expertise and legal safeguards essential for such an important document. When it comes to protecting your assets, your loved ones and your legacy, prevention is always better than a cure.

We would always recommend that you take comprehensive legal advice from a solicitor experienced in drafting Wills.

If you would like more information about the issues raised in this article or any aspect of Will Disputes please contact Selina on 01228 516666 or click here to send her an email to send her an email.