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    Knowledge

    7 reasons why you should be cautious of unregulated Will-writing services

    10:55, 14/6/2024

    Home » News & Knowledge » 7 reasons why you should be cautious of unregulated Will-writing services

    Writing a Will can be a daunting and emotional task, and we know it can be tempting to go for a cheap or online service to get the job done.

     

    However, in many cases, these low-cost online Will writing services are carried out by cowboy companies that are not regulated by the Solicitors Regulation Authority (SRA).

     

    Unregulated Will-writing

     

    By using an unregulated firm, you will not have any protections in place if anything goes wrong. It is often the case that the issue with the Will is not discovered until the person has passed away, which can cause long and expensive legal battles, at a time when you should be grieving a loved one.

    It can also mean that the deceased’s assets may not be left how they would have wished, or the Will may be invalid due to the way it has been prepared or executed.

    When searching online, we have found adverts on discount sites such as Wowcher and Groupon for Will-writing services from just £9 per Will. However, the firms offering these low prices were not SRA-regulated.

    We know these cheap options can be tempting at the time of purchase, but it can cost a lot more in the long run to fix. Meanwhile, in some cases, the initial cost may be low, but as the firm is not regulated, additional fees can be added, bumping the price up to more than you expected.

    A survey carried out by the Society of Trust and Estate Practitioners (STEP) found that 22% of people who have written their Will engaged the services of a low-cost will online service to do it, and only 3% of people checked that the online will writer was qualified.

     

    Unregulated Will-writing

     

    At Oakwood Solicitors, clients often come to us to “fix” their Will or indeed to remedy any other services sold to them during the Will making process after using one of these cheap options, and now we want to stress the importance of using a SRA-regulated firm from the outset.

     

    Our Head of Wills and Probate, Charlotte Bandawe, says:

    “Do not presume that solicitors are the more expensive choice when considering your options as to who you should instruct to assist you with your legal matters. This is often not the case.

    “Solicitors are regulated by the Solicitors Regulation Authority (SRA), and therefore we have to meet certain standards. One of these standards is to be transparent with our fees.

    “As such, you will not be blindsided with unexpected costs and will be advised in advance of our fees before the work is commenced. If your matter becomes more complex throughout the course of your instruction, you will again be informed of any potential additional fees before the supplementary work is carried out.

    “As solicitors are regulated by the SRA, if your matter is not handled correctly then the SRA, as a supervisory body, will help to deal with your complaint which is taken seriously.

     

    What should I look out for?

    When you are looking for a firm to write your Will, ensure they are SRA-regulated:

    • Check if their website is displaying the SRA logo as this is a requirement for all regulated firms.
    • Visit the SRA website and search the register to ensure the law firm is listed as a regulated firm
    • Ask the firm before committing to anything if they are SRA-regulated

     

    Why should I use a SRA-regulated firm to write my Will?

    The SRA ensures that solicitors and law firms uphold a standard that is expected by professionals. If an SRA-regulated firm breaches regulations or fail to meet the expected requirements, enforcement action can be taken against them.

     

    Legal Ombudsman

    By using a regulated firm, you will have protection from the Legal Ombudsman if anything goes wrong. The Legal Ombudsman can investigate complaints against solicitors, barristers and legal practitioners – but only if they are regulated.

    By using an unregulated firm, if you come into a problem, it can often be difficult to seek compensation for the damages.

     

    7 reasons why you should be cautious of unregulated Will-writing services

    1. They may not be regulated
    2. All assets, such as bank accounts & property may not be considered when advice is provided
    3. The Will may not be stored safely
    4. Previously made Wills may not be destroyed
    5. Additional costs could be added to the service
    6. You may face expensive legal costs if something goes wrong
    7. The drafted Will may not be valid
    8. You may not have received the correct advice in relation to your estate when preparing your Will

     

    Unregulated Will-writing

     

    How much does it cost to write a Will?

    The cost of your Will will depend on the complexity of it. However, by using a regulated firm like Oakwood Solicitors, we must be transparent with our fees. See our full Wills and Probate price list here.

     

    Further reading

    Wills and Probate – Oakwood Solicitors

     

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    Meet the author

    Christina Taylor joined Oakwood in October 2023 as Deputy Head of the Wills and Probate Department. Christina has over 20 years’ experience in her previous firm and qualified as a Specialist Para…

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