5 things you need to know before using a will writing service

The competition watchdog has issued new guidance to help you understand your options when choosing a will writer and avoid any potential pitfalls.

In the UK, you can either write a will yourself or use a will writing business. However, concerns over hidden costs, unfair contract terms and pressure selling have led the Competition and Markets Authority (CMA) to launch an investigation last year.

Here, we explain how the CMA has taken action and highlight five things you should watch out for when choosing a will writer. 

What did the CMA investigate?

The CMA launched an investigation in July 2023 into unregulated legal services – including will writing, prepaid probate plans and online divorce services – over potential consumer protection breaches.

Its key concerns involved misleading fees, unfair contract terms – such as companies appointing themselves as executor (and charging associated fees) – and pressure selling to vulnerable customers. 

The CMA has since issued open letters to seven unnamed providers, warning them to address their practices. If they fail to comply, they could face formal investigations when the CMA’s enforcement powers expand next April under the Digital Markets, Competition and Consumers Act.

• Find out more: reasons for making a will

Choosing a will writer: 5 things to know 

We’ve gone through the CMA’s new guidance for consumers to outline five things you should watch out for when choosing a will writer.

1. Understand your options

While some legal services are restricted to regulated professionals, will writing is open to anyone. This gives you a few options: you can write your will yourself, hire a regulated professional like a solicitor, or use an unregulated will writer.

The guidance notes that one option isn’t necessarily better than another, and it’s up to you to decide which option best meets your needs in terms of price, quality, experience and protections offered. 

If you decide to go with a regulated will writer, the CMA recommends checking their status for yourself on the relevant regulatory website. 

Regardless of which option you choose, the CMA says you should ask about qualifications, training and insurance coverage, and whether they will draft the will themselves, use a template or involve a third party.  

• Find out more: how to make a will

2. Clarify the costs

Make sure you know how the charges are calculated, whether it’s a one-off fee or an hourly rate, and if there’s a cap on the total cost.

It’s illegal for businesses to add non-optional fees later on – so if this occurs, you don’t have to accept the service.

The CMA recommends taking a screenshot or downloading a copy of the details of the service and price you have been quoted, in case disputes arise later on.

Free will schemes like Free Wills Month in March and October, and WillAid in November, often cover the cost of a simple will. If your estate is more complex, you should check in advance for any additional fees that may apply.

• Find out more: how to make a will for free

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3. Read the small print

It’s important to understand the terms and conditions that come with a will writing service and to read them carefully before signing up.

The CMA highlights that certain terms may indicate a business is not trustworthy.

These can include requirements to pay charges that weren’t agreed upon upfront, or placing unfair limits on compensation or damages if they make a mistake with your will.

Other red flags include disclaimers that pressure you to buy services you don’t need, or claims of legal experts checking your will when such a service is not actually provided.

• Find out more: what to put in your will

4. Avoid unnecessary extras

Some will writers may offer additional services, such as appointing themselves as executor or providing will storage, but these aren’t required for a valid will. 

Executors manage your estate after death and, while choosing a professional executor is an option, it comes with added costs and complexities. For example, your estate will be charged for using a professional executor when their services are eventually required.

Instead, you could consider appointing a family member, which is often cheaper and allows them to decide whether to seek professional advice in the future, rather than committing now. 

You might also encounter optional services, such as will storage, subscriptions or estate planning, which could carry hidden fees or auto-renewal charges.

• Find out more: 5 things to know about storing your will

5. Know your rights

The CMA advises that you shouldn’t feel pressured into buying a will. If you do, ask the salesperson or will writer to leave your home, or end the phone call.

You have a 14-day cooling-off period to change your mind and receive a full refund if you purchase online or away from business premises. If you weren’t informed of this right, the period extends up to a year or starts from the date you’re notified.

If you’re unhappy with the service, contact the provider first. Regulated providers or those linked to self-regulatory bodies may have additional support options. You can also seek guidance from Citizens Advice, or the Which? Legal helpline if you’re a member.

• Find out more: how to use your 14 day cooling off period