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

The competition watchdog has published new guides to help you understand your options when choosing a will maker and avoid potential pitfalls.

In the UK, you can write a will yourself or use a will writing business. However, concerns about hidden costs, unfair contract terms and sales pressure prompted 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 consider when choosing a will draftsman.

What did the CMA investigate?

The CMA launched an investigation in July 2023 into unregulated legal services, such as the writing of wills, pre-paid probate plans and online divorce services, into potential consumer protection breaches.

Their main concerns included misleading fees, unfair contract terms such as companies appointing themselves as executors (and charging associated fees) and pressure selling to vulnerable clients.

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

• More information: reasons for making a will

Choosing a will drafter: 5 things to know

We went through New CMA guide for consumers to outline five things you should consider when choosing a will writer.

1. Understand your options

While some legal services are restricted to regulated professionals, writing a will is open to everyone. This gives you a few options: you can draft your will yourself, hire a regulated professional such as a solicitor, or use an unregulated will draftsman.

The guide points out that one option is not necessarily better than another, and it is up to you to decide which option best suits your needs in terms of price, quality, experience and the protections offered.

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

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

• More information: how to make a will

2. Clarify the costs

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

It’s illegal for companies to add non-optional fees later on, so if that happens, you don’t have to accept the service.

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

Willing schemes such as Free Will Month in March and October and WillAid in November often cover the cost of a simple Will, but if your estate is more complex you should check in advance whether there are additional charges.

• More information: how to make a will for free

3. Read the fine print

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

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

These may include requirements to pay charges that were not agreed to in advance or place 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 probing your will when that service isn’t actually provided.

• More information: what to put in your will

4. Avoid unnecessary extras

Some will makers may offer additional services, such as appointing you as an executor or providing will storage, but these are not necessary for a valid will.

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

Instead, you might consider nominating 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 may also find optional services, such as will storage, subscriptions or estate planning, which may come with hidden fees or auto-renewal charges.

• More information: 5 things to know about storing your will

5. Know your rights

The CMA advises that you should not feel pressured to buy a will. If you do, ask the seller or will maker to leave the house or end the phone call.

You have a 14-day cooling-off period to change your mind and receive a full refund if you buy online or off-premise. If you have not been informed of this right, the period is extended to one year or starts from the date of notification.

If you are not satisfied with the service, please contact the provider first. Regulated providers or those linked to self-regulatory bodies may have additional support options. You can also ask for guidance from Citizens Advice or Which? Legal helpline if you are a member.

• More information: how to use your 14 day rest period