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What Are The Risks of Using Unregulated Will Writers in the UK?

Making a Will is a vital step in ensuring that your assets are passed on according to your wishes and that your loved ones are taken care of after you’re gone. However, an increasing number of people are turning to unregulated Will writers, often drawn in by low fees, promises of simplicity, and sometimes even the offer of a free gift!

Unfortunately, it is our experience that using an unregulated Will writer can lead to complications that costs your Estate more in the long run than if a regulated Will writer, like a solicitor, had been engaged in the first place. There is also added burden and stress on your loved ones.

The Hidden Costs and Executors You Didn’t Expect

We have seen many cases where a person wishing to make a Will, who may have been drawn in to using an unregulated provider by low fees for the drafting stage, unknowingly appoint the Will writer as Executor and Trustee, and thereby allowing them to charge, quite often, substantial fees for this subsequent work. It is often not until the Will maker passes away that family members discover an unknown person and more importantly, an unregulated person, has been given the responsibility of obtaining Probate and administering their Estate, often charging excessive fees to the Estate for doing so (even in straightforward Estates).

We have had two cases recently which involved the Will maker having to agree to pay unregulated Will writers in excess of £10,000 on both occasions, just to gain their agreement to ‘step down’ and let those directly entitled to the money have the right to administer the Estates themselves.

In this blog, we’ll explore the common problems associated with unregulated Will writers, the risks they pose, and how to make informed choices when drafting your own Will.

A Lack of Regulation and Oversight

Unlike Solicitors and other regulated professionals, unregulated Will writers operate without any mandatory industry oversight. This means they aren’t bound by the same standards or codes of conduct that regulated professionals, like Solicitors via the Solicitors Regulation Authority (SRA), must follow.

Potential Risks of Using an Unregulated Will Writing Service:

  • No Standard Qualifications Required: Unregulated Will writers don’t need formal legal training or accreditation, so their level of expertise can vary widely.
  • No Professional Oversight: Without a regulatory body like the SRA, there’s no way to ensure that unregulated Will writers follow best practices or stay updated with legal changes.
  • Risk of Financial Loss: Errors in a Will can lead to legal disputes, tax issues, and other costly problems that reduce the value of your Estate.
  • Limited Recourse for Complaints: If an unregulated Will writer makes a mistake, you can’t report them to a professional body, and your options for addressing issues are usually limited.

In the recent case of Tedford v Clarke & Ors (2025) EWHC 816 (Ch), the dangers associated with engaging unqualified Will writers was highlighted. Judge HHJ Cadwallader delivered an unusually direct warning stating that this case: “demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.” It reinforces the importance of seeking expert legal advice when drafting Wills to avoid costly disputes and complications down the line.

Stacie Hurt – Head of Contentious Probate and Litigation

Insufficient Knowledge of Laws and Taxation

Inheritance laws, tax regulations, and estate planning nuances are complex, and they change over time. Unregulated Will writers may lack the depth of knowledge and legal expertise required to draft legally sound Wills that account for these details.

Potential Risks of Using an Unregulated Will Writing Service:

  • Failure to Address Inheritance Tax (IHT): An unregulated Will writer might not have a full understanding of the relevant inheritance tax laws, leading to missed opportunities to reduce tax liabilities. This could result in a large portion of your Estate being lost to taxes, leaving less for the Beneficiaries of your Will.
  • Inadequate Planning for Complex Assets: If your Estate includes business interests, international assets, or valuable property, an unregulated Will writer may not understand how to properly structure your Will, leaving your Estate vulnerable to legal challenges.
  • Lengthy and Costly Legal Battles: If your Will is poorly drafted, family members may need to seek Court intervention, increasing both the cost and duration of Probate.

Poor Document Security and Storage

After your Will is written, secure storage is essential to ensure it’s protected from loss, damage, or tampering. Professional and regulated Will services typically include safe storage options, but unregulated Will writers may not offer a reliable storage solutions, or if they do, they are likely to charge significant sums for doing so.

Potential Risks of Using an Unregulated Will Writing Service:

  • Risk of Loss or Damage: Without secure storage, your Will may be lost, misplaced, or damaged, especially if it’s kept in an unsecured location.
  • Difficulty Retrieving the Will: Executors might face challenges locating or accessing the Will, delaying the probate process, Estate administration and distribution of assets.

A Lack of Transparency in Costs and Services

Unregulated Will writers might offer low-cost services upfront, but fees tend to add up quickly after the initial service is completed, and those fees are usually post-death when you are no longer here, but your family and loved ones are left to navigate and negotiate them.

Potential Risks of Using an Unregulated Will Writing Service:

  • Hidden Fees for Additional Services: Many unregulated Will writers charge extra for necessary services, like updates or secure storage, that are often included in regulated service providers.
  • Financial Strain on Estate Beneficiaries: Hidden costs may become the responsibility of your Estate and could reduce the overall inheritance left to your loved ones.  This is something we see all too often, particularly where the unregulated Will writer appoints their own/linked firm as Executor of your Estate.
  • Reluctance to Disclose Cost Information To Beneficiaries (Post-Death): This is something we have seen happen regularly, whereas Solicitors are required to keep Beneficiaries fully informed about costs under the Solicitors Act 1974 and in light of the recent case of Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15.

Why Choosing a Regulated Professional Can Help in Protecting Your Will and Your Legacy

When selecting a Will writer, choosing a regulated professional is key to ensuring the accuracy, security, and legal compliance of your Will. Here’s how to make sure you’re working with the right provider:

  1. Verify Professional Accreditation: Look for Solicitors or Will writers who are members of accredited bodies, such as the Solicitors Regulation Authority (SRA), the Society of Trust and Estate Practitioners (STEP), or the Institute of Professional Will writers (IPW).
  2. Confirm Professional Indemnity Insurance: Regulated professionals are required to have insurance to protect you if mistakes occur.
  3. Check for Secure Storage Services: Many reputable Will writers and Solicitors offer secure storage, ensuring your Will is protected and accessible when needed.
  4. Ensure Transparency in Costs: Regulated Will writers provide clear information about initial upfront fees for the Will but also, any additional costs for services such as updates, estate planning or fees for acting as Executor and Trustee of your Estate once you have passed away.
  5. Request Comprehensive Estate Planning: Regulated professionals can assist with tax planning, trusts, and complex assets, ensuring your Will aligns with your full Estate plan.
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Final Thoughts on the Risks of Using an Unregulated Will Writer

Using an unregulated Will writer may seem convenient and cheaper than using a Solicitor initially, but we firmly believe that the risks do often outweigh the potential savings. Choosing a regulated and qualified professional helps to safeguard your legacy, support your loved ones, and avoid potential legal complications. By working with a trusted provider, you can have peace of mind knowing that your Will is legally sound, securely stored, and aligns with your final wishes and a Solicitor is regulated by the SRA who also keeps records of where files and documents go when firms close down etc.


Profile picture of Amanda Gait

The Real Dangers of Unregulated Will Writing Services

When obtaining and paying for legal documents, it can seem to many as an unnecessary expense. With the advent of online ‘quick Wills’ and standard pre-printed packs, many people question why they should go to the expense of instructing a Solicitor.

A Blog by Amanda Gait


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If you are looking to make a Will, or perhaps you already have a Will and wish to update it, then we can help. Our team of skilled, experienced, and regulated Solicitors can guide you through the process ensuring that your wishes are properly documented. For more information and to make an appointment just contact us at any of our offices.

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The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

The Risks of Using Unregulated Will Writers in the UK

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