The Competition and Markets Authority (CMA) is set to examine and investigate claims made by online legal services offering quickie divorces and Wills, the BBC has reported.
it is also claimed that some vulnerable clients had contacted such companies after being pressured into signing themselves up for Will-writing services. This is an increasing trend according to the CMA, which stated that there are now many alternatives to traditional law firms, especially ones where advisers are not solicitors.
Although these may be deemed more convenient and possibly cheaper, the CMA also added that “where they are unregulated, it becomes all the more important that normal consumer protection laws are complied with and, if necessary, enforced”.
Quality concerns
Online divorces are pitched as quicker alternatives to the traditional processes, and they have seen a bump in popularity since COVID lockdowns were originally in force.
Some clients, however, have complained to the CMA about misleading claims regarding the supposed simplicity of the process and the costs involved, which has led to confusion about what this cost grants the client and what they were actually paying for.
“Inadequate quality of service” was also a concern, with reports of wrong forms being used, incorrect details being inputted, and documents being submitted after court deadlines had passed. Will writing is an unregulated service in the United kingdom, which means that anyone can legally draft a document.
The CMA stated that, in some instances, the “extremely low” initial fee was the draw for some consumers, but there were no advanced warnings that costs down the line could significantly escalate.
Pre-paid probate plans are also due to be investigated. Probate is the legal process that takes place after someone dies, as the management of their estate becomes necessary.
The idea of these plans is that – similar to prepaid funerals – the family will not have any additional costs upon death if one is in place.
Pressure selling is one thing, but the CMA also has concerns about the aforementioned lack of transparency, and people being sold things that they don’t actually need. Such things may create obstacles in the future, where delays in the Probate process can take place, leaving bereaved relatives temporarily unable to settle outstanding bills and sell properties.
The Competition and Markets Authority chief executive, Sarah Cardell, identified online divorce services, Will writing and pre-paid Probate plans as essential to clients, “often at the most challenging times in their lives”.
“That’s why it’s so important that we investigate so that people can select the right legal service for them – for divorce or probate or will writing – with confidence. It’s essential that firms get the basics right, including complying with general consumer law which applies to all traders. Customers must get a fair deal.”
The watchdog is asking for consumers who have used such services to make contact with them by the 4th of September 2023 to share their experiences. If a breach of consumer law is identified, it can act all the way up to obtaining a court order if necessary.
Initial steps, however, may simply involve providing advice to services about legal compliance, as well as obtaining commitments from such service providers that their practices will be updated accordingly.
Further reading
Cowboy legal services in the Will writing market – Oakwood Solicitors
Wills – Oakwood Solicitors
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The Competition and Markets Authority (CMA) is set to examine and investigate claims made by online legal services offering quickie divorces and Wills, the BBC has reported. it is also claimed that some vulnerable clients had contacted such companies after being pressured into signing themselves up for Will-writing services. This is an increasing trend…
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