I was chatting with a few fellow financial planners recently, and we got onto the topic of will writing services and some worrying stories that had recently been in the news. It’s something we come across from time to time, clients who’ve been offered “free wills” or encouraged to pay upfront for probate services, and it’s clear that these offers often come with strings attached. So, I thought it would be worth putting together a quick guide to help clients understand the risks and make informed decisions.
The Importance of Wills and Powers of Attorney
Making a will is a crucial step in securing your legacy and protecting your loved ones, ensuring your estate is distributed according to your wishes and helping to prevent disputes or unnecessary delays. Powers of Attorney allow trusted individuals to make financial, medical, or legal decisions on your behalf if you become unable to do so yourself, safeguarding your interests in times of incapacity. Together, these documents provide clarity, security, and peace of mind for you and your family. Accordingly, it is vital to ensure these documents are prepared to the highest standard and capable of fulfilling their intended function, providing you with enduring assurance regarding the preservation of your legacy.
Yet, an increasing number of people are being drawn into using unregulated will writing services or falling victim to unscrupulous practices, even by some regulated professionals and well-known high-street banks. These services often promise simplicity, low fees, or even “free wills,” but the reality can be far more costly and damaging.
Key Risks
Below are some the primary risks to be aware of when writing your will:
- Prepaid Probate Fees: Some will writing firms encourage clients to pay probate fees upfront, often at the time the will is written. These fees can be substantial and are typically justified as a way to “lock in” future costs. However, this practice is fraught with risk. If the firm goes out of business before the client passes away, the prepaid service is never delivered, and the money is lost. Worse still, the individuals behind the failed firm often reappear under a new company name, free from the liabilities of the previous business 1.
- “Free” Wills with Hidden Costs: A common tactic is to offer a “free” will, but include clauses that entitle the will writing firm or institution to a fixed percentage of the estate upon death. This can result in thousands of pounds being siphoned from the estate, far more than the cost of a professionally written will. These clauses are often buried in the fine print and not fully explained to the client at the time of signing. In fact, many well-known high-street banks have been guilty of this practice over the years and many individuals will have a “free will” written many years ago sharing a fixed proportion of their estate with their bank. It could therefore be important to have your will reviewed to ensure you are fully informed about what it does and doesn’t say 1.
- Automatic Appointment as Executor: Many unregulated will writers, and even some regulated solicitors, insert themselves as executors of the estate without the client fully understanding the implications. This gives them control over the administration of the estate and allows them to charge excessive fees, sometimes tens of thousands of pounds, for probate services. In some cases, families have had to pay large sums just to have the will writer step down as executor 1.
- Lack of Regulation and Oversight: Unregulated will writers are not required to have legal qualifications, insurance, or adhere to professional standards. If something goes wrong, there is often no recourse. The Competition and Markets Authority (CMA) has issued warnings about misleading advertising, unfair contract terms, and pressure selling in this sector 2.
Real-World Consequences
The CMA’s investigation revealed widespread issues, including:
- Firms ceasing to trade, leaving clients without access to stored wills or prepaid services.
- Aggressive upselling and refusal to issue refunds.
- Misleading claims about avoiding care home fees or tax liabilities 2.
What Should a Will Cost?
In most cases, a straightforward will via a solicitor should cost between £150 and £350 (plus VAT), or between £300 and £500 (plus VAT) for a pair of joint mirror wills. More complex wills, such as those involving trusts, overseas assets, or bespoke tax planning, will cost more, but only if the complexity is genuinely necessary. The costs can vary significantly though so it is important to ensure any additional costs are justified 3.
How to Protect Yourself
There are several ways to protect yourself when writing your will:
- Use regulated professionals: Look for solicitors or will writers regulated by bodies like the Solicitors Regulation Authority (SRA) or STEP (Society of Trust and Estate Practitioners).
- Avoid prepaid probate plans: These are rarely necessary and carry significant risk.
- Read the fine print: Ensure you understand who is being appointed as executor and what fees may apply.
- Ask questions: A reputable professional will be transparent about costs, roles, and responsibilities.
Our View
While DIY will kits may seem like a quick and affordable option, they often fail to cover the complexities that arise in anything beyond the very simplest of estates, leaving room for costly errors or disputes. Likewise, we are cautious about relying on online will writers or relatively unknown professional will writers, as they may be more vulnerable to the kinds of risks highlighted earlier in this article, from ambiguous wording to inadequate legal safeguards. Instead, we strongly recommend engaging a reputable firm of local solicitors, professionals with real accountability and a vested interest in getting every detail right. Their expertise ensures your will is watertight, your wishes are clear, and your loved ones are spared unnecessary complications. This approach offers peace of mind, knowing everything has been handled to the highest standard by people with both legal knowledge and a personal stake in their community.
Need a Recommendation?
If you need a new will or power of attorney, wish to update your existing documents, or are concerned you may be impacted by the risks outlined above and would like to have your will reviewed, please contact us and we’ll be happy to recommend a trusted local solicitor.
