New consumer protection guidance for Will-writing

We are pleased to welcome new guidance from the Competition and Markets Authority (CMA), which follows the regulator's investigation into unregulated providers of Will-writing, online divorce and pre-paid probate services.

While the Will-writing guidance is aimed at unregulated providers and the public, it can also be particularly helpful for charities that signpost supporters to relevant Will-writing providers or partners. 

The Will-writing market has expanded rapidly in recent years, with a growing range of services now available to the public. This new guidance aims to:  

• help the public make more informed choices 
• support unregulated practitioners in complying with their obligations  
• increase protection for consumers who opt for alternatives to high street solicitors when making a Will.  

The CMA emphasises that consumer protection applies for anyone writing a Will, even if those services are funded through a charity. 

We're encouraged to see that recommendations we made at consultation stage (working jointly with the Institute of Legacy Management) have been taken forward by the regulator, and that the consumer guide links to Remember A Charity’s Making A Will pages, growing awareness of legacy giving within the Will-writing journey. Find out more about the consultation here. 

Guides for providers and the public 

In its guidance for providers, the CMA summarises the do’s and don’ts. This includes the importance of unregulated providers ensuring that terms and conditions are clear, fair and accessible.

It also advises these providers to avoid any misleading comparison of services and to make it clear how involved solicitors and other regulated legal professionals are in the process. The guidance includes some useful case studies showing what practices would be considered compliant. 

A complementary consumer guide is available for people making a Will, which explains what services are available, how they differ, and the public’s rights if anything goes wrong.  

This includes a list of useful questions, such as establishing the qualifications, training or experience of the practitioner, asking about professional indemnity insurance and their complaints handling process.

The consumer guide also advises checking whether the provider is drafting the Will, using a third party or legal adviser to draft the Will or if the service is based on a template or online form, ensuring people understand the service they are purchasing. The same questions can be useful for charities when considering potential partnerships with Will-writing providers.  

Find out more

The CMA guidance can be viewed at the links below: 

• New guidance for unregulated providers 
• A short guide for consumers