Why Choosing a Solicitor for Will Writing Matters

Ian Macdonald, Private Client Partner at Wright, Johnston & Mackenzie, has highlighted the risks associated with unregulated will-writing services in light of new guidance launched by the Competition and Markets Authority (CMA).

The guidance aims to protect consumers from pitfalls in legal services, including will writing, where standards can vary significantly.

"While it’s true that not all wills need to be drawn up by solicitors, and individuals can create their own or have someone else draft one for them, this approach often carries risks,” Ian said. “Unlike solicitors, many will-writing providers are not legally qualified, and the sector remains largely unregulated.

“Unfortunately, safeguards are often absent when wills are drafted without legal oversight or by providers operating on tight budgets, where time constraints can prevent them from fully understanding the client’s needs or intentions.”

These situations can lead to complications, particularly for families, when the document doesn’t meet legal requirements or fully reflect the individual’s wishes.

The CMA has highlighted similar concerns, cautioning providers to ensure their services meet consumers’ needs and deliver transparency around costs and processes. Yet challenges persist.

Ian adds: "In Scotland, there are fewer will writers than in England and Wales due to the smaller market, but the challenges remain the same. As solicitors, we often encounter issues when individuals attempt to draft their own wills or use unregulated services.

"Our profession is heavily regulated, and the service we provide ensures that wills are valid, clear, and properly executed. For example, a key part of our process is verifying that the will is signed and witnessed correctly, as well as considering any background factors that could affect its validity. Issues such as undue influence or manipulation—where someone is pressured into signing a will—can be a concern.”

The CMA’s guidance further emphasises the need for accountability and consumer protection in will writing.

Unregulated providers operating on tight budgets may struggle to allocate the time and expertise needed to fully understand clients’ needs, increasing the risk of errors or disputes.

Ian continued: “By instructing a solicitor, individuals gain the assurance that their wishes are accurately captured and that the process has been conducted with proper safeguards. We ensure instructions come directly from the individual and not from family members or other third parties, which provides an added layer of protection and will likely be able to resist any challenges that arise.”

If you’re considering writing or updating your will, our Private Client team is here to provide expert, regulated advice, ensuring your final wishes are upheld with care and precision. Contact us today to learn more.