When planning for the future, writing a Will is one of the most important steps you can take. However, deciding who should draft your Will can be a challenge. The two most common options are Will writing companies and solicitor firms. While both offer Will writing services, they differ in expertise, regulation, cost and the range of services provided.
Kevin Martin, Paralegal at Waldrons Solicitors, shares his insights on the key differences to help you make an informed decision.
1. Legal Expertise and Qualifications
Will writing companies typically specialise in drafting Wills and related services, such as setting up Trusts. However, Will writers do not have to be legally qualified solicitors. Some may have undergone training through professional bodies like the Institute of Professional Willwriters (IPW) or the Society of Will Writers (SWW), but this is not a legal requirement.
Solicitor firms are regulated legal practices where Wills are drafted by qualified legal personnel who have undergone extensive training. Solicitors themselves must be registered with the Solicitors Regulation Authority (SRA) in England and Wales (or their equivalent in Scotland and Northern Ireland). This ensures they have a deep understanding of estate planning laws, inheritance tax and legal challenges that may arise.
2. Regulation and Consumer Protection
Will writing companies are not regulated by the SRA, meaning there is no single overarching body ensuring industry-wide standards. However, some Will writers voluntarily join professional organisations like the IPW or SWW, which impose ethical and training requirements.
Solicitor firms, on the other hand, are strictly regulated by the SRA, ensuring they adhere to professional conduct rules. Clients using solicitors are also protected by the Legal Ombudsman if something goes wrong. Additionally, solicitor firms must have professional indemnity insurance, providing financial protection if errors occur.
If a solicitor’s firm merges with another or ceases to trade, the SRA can trace where the Will has gone. However, our experience is that once a Will writer ceases to trade, it is difficult, if not impossible, to locate where the original Will has ended up.
3. Cost Considerations
Will writing companies often provide a more budget-friendly option, with prices typically starting from £100–£200 for a basic Will. They usually offer fixed fees, making it easier to know the cost upfront. However, many Will writing companies charge for the storage of Wills on an ongoing monthly or annual basis, which can add to the long-term cost.
Solicitor-drafted Wills tend to be more expensive, with costs typically ranging from £150–£500+ depending on complexity. While the initial cost may be higher, the legal expertise and added protections can justify the price, particularly for more complex estates. Additionally, solicitors rarely, if ever, charge for Will storage, making them a more cost-effective choice in the long run.
4. Complexity of the Will
Will writing services work well for simple Wills, such as leaving assets to a spouse and children. If your estate is straightforward and does not involve complex trusts, business assets, or foreign property, a Will writing company may be sufficient.
If your estate is more complex, such as involving high-value assets, inheritance tax planning, blended families, or business ownership, a solicitor is the better choice. Solicitors can provide tailored advice and create legal structures to minimise tax liabilities or protect assets for future generations.
5. Additional Legal Services
Most Will writing companies focus solely on Will writing and related services like Lasting Powers of Attorney (LPA) or basic Trusts. Their scope is generally limited to estate planning.
Solicitors, however, offer a much wider range of legal services, including probate, inheritance disputes, and court representation if needed. This can be particularly beneficial if your Will is likely to be contested or if you require legal expertise beyond drafting the document.
Key Differences at a Glance
- Legal Qualifications: Solicitors have higher legal qualifications and a broader legal background, whereas Will writers may not be legally trained professionals.
- Regulation: Solicitors are subject to strict regulation and legal oversight, offering greater consumer protection than Will writing companies.
- Cost: Will writing companies are generally cheaper, but many charge ongoing fees for Will storage. Solicitors may charge more upfront but rarely charge for storage, making them more cost-effective in the long run.
- Complexity: Will writing companies are best suited for simple Wills, whereas solicitors can handle both simple and complex estates, offering advanced legal solutions.
- Additional Services: Solicitors provide a full range of legal services, while Will writing companies focus primarily on Wills, LPAs, and estate planning.
- Will Storage & Security: If a solicitor’s firm merges or ceases trading, the SRA can track where a Will has been moved. However, if a Will writing company ceases to trade, finding the original Will can be extremely difficult.
Which Option is Right for You?
The best choice depends on your individual circumstances. However, if you’re unsure, the first step should be to consult a solicitor for initial advice. Regardless of which option you choose, ensuring your Will is properly drafted and legally valid is the most important step.
Kevin’s Commentary
“Writing a Will helps to secure your legacy and protects your loved ones. However, it’s crucial to ensure that your Will is legally valid and reflects your wishes accurately. I have seen firsthand the complexities that can arise when Wills are not properly drafted. While Will writing companies may offer a cost-effective solution for straightforward estates, they do not provide the same level of legal expertise, regulation and consumer protection as solicitors.
“At Waldrons, we take pride in offering expert legal guidance tailored to your specific circumstances. Whether your estate is simple or complex, our team ensures that your Will is drafted correctly, minimising the risk of disputes and ensuring your final wishes are carried out as intended. If you need advice on making or updating your Will, I would be happy to assist.”
With a background in banking and finance spanning 16 years, Kevin transitioned into Will Writing and Estate Planning in 2006. He specialises in advising clients on all aspects of Estate Planning, from straightforward Wills to complex Trust Wills, Lifetime Planning and Lasting Powers of Attorney. Kevin has now been with Waldrons for eight years where he continues to provide comprehensive guidance on Estate and Later Life Planning.
