Will Writers Regulation UK (2026): Are Will Writers Regulated?

Will writing is NOT a reserved legal activity in England and Wales. Under the Legal Services Act 2007, certain legal activities are 'reserved' — meaning only authorised persons (solicitors, barristers, licensed conveyancers, etc.) can carry them out. Reserved activities include: conducting litigation; appearing in court; conveyancing (transfers of property); probate activities (obtaining Grants of Probate and Letters of Administration — reserved since 2012); certain notarial acts. Will writing itself — drafting a will — is NOT on the reserved activities list. This means: (1) Anyone can offer will writing services professionally, without any qualification, training, insurance, or registration; (2) There is no mandatory regulatory body for non-solicitor will writers; (3) There is no statutory compensation scheme if a non-solicitor will writer makes a mistake that causes loss to the estate or beneficiaries; (4) There are no statutory minimum standards of competence; (5) There is no mandatory complaints resolution process. This is the current position as of 2026. The Law Commission and various professional bodies have repeatedly called for will writing to be reserved, but no legislation has been passed. Contrast with probate activities: since the Legal Services Act 2007 (and the implementation of probate as a reserved activity), administering an estate and obtaining Grants is a reserved activity — non-solicitor estate administrators must be authorised by the Council for Licensed Conveyancers (CLC) or another approved regulator.

While there is no statutory regulator for will writers, two main voluntary professional bodies exist: (1) Society of Will Writers (SWW): the Society of Will Writers is the UK's largest membership body for non-solicitor will writers. Membership is voluntary and requires: (a) completion of SWW-approved training and examinations; (b) maintenance of professional indemnity insurance; (c) compliance with SWW's code of conduct; (d) participation in SWW's complaints and disciplinary procedure; (e) continuing professional development (CPD). If a will writer is SWW-registered and their client suffers loss due to negligence, the SWW can investigate and take disciplinary action (including expulsion). However, the SWW cannot compel the will writer to pay compensation — that requires litigation; (2) Institute of Professional Will Writers (IPWW): the IPWW is an older voluntary body (originally founded in the 1990s) with similar membership requirements to the SWW — training, examinations, professional indemnity insurance, CPD, and a complaints procedure. Both the SWW and IPWW have online member directories that allow clients to verify membership before instructing; (3) Chartered Institute of Legal Executives (CILEx): CILEx members (Chartered Legal Executives) who write wills as part of their work are regulated by CILEx Regulation — a statutory approved regulator under the Legal Services Act 2007. CILEx Regulation is more rigorous than SWW or IPWW; (4) Solicitors: solicitors who write wills are regulated by the Solicitors Regulation Authority (SRA). Mandatory professional indemnity insurance (minimum £2m per claim), compliance with SRA Accounts Rules, access to the Solicitors' Compensation Fund (for dishonesty or failure to account), and the Legal Ombudsman complaints service. Solicitors offer the strongest consumer protection for will writing.

The risks of using an unregulated will writer — someone who belongs to no professional body and carries no professional indemnity insurance — are significant: (1) No insurance if they make a mistake: a solicitor or SWW/IPWW-registered will writer must carry professional indemnity insurance (PII). If they draft a will negligently — failing to include a residuary clause, incorrectly excluding a beneficiary, or not ensuring the will is properly witnessed — their PII covers the loss. An unregulated will writer with no PII may have no assets to satisfy a claim; (2) No guaranteed competence: a will writer without any professional qualification or training may not understand the legal requirements for a valid will (Wills Act 1837 — signed in the presence of two independent witnesses; testamentary capacity; proper execution), the tax implications, or the interaction between the will and other documents (LPA, pension nominations, jointly held property); (3) Common negligence scenarios: (a) a will that lapses a gift because it does not include an appropriate substitution clause (e.g. 'if my child predeceases me, to my grandchildren'); (b) a will that accidentally disinherits a spouse or civil partner because it relies on incorrectly understood intestacy rules; (c) a will that fails to account for the RNRB because the will writer didn't know what it was; (d) a will that is invalidated because a beneficiary witnessed it (WA 1837 s.15 — gifts to attesting witnesses are void); (4) No complaints process: there is no Legal Ombudsman route for non-authorised will writers. The only remedy is civil litigation, which is expensive and uncertain; (5) Unscrupulous sales tactics: some unregulated will writers use will writing as a loss-leader to sell expensive and often unnecessary trust products, estate planning packages, or funeral plans that deliver poor value.

Before instructing any will writer — solicitor or non-solicitor — ask these questions: (1) Are you a solicitor regulated by the SRA? If yes: you benefit from mandatory PII, SRA regulation, the Legal Ombudsman, and the Solicitors' Compensation Fund. Verify at solicitors.lawsociety.org.uk; (2) If not a solicitor: are you a member of the Society of Will Writers (SWW) or the Institute of Professional Will Writers (IPWW)? Ask for their membership number and verify it on the SWW website (willwriters.com) or the IPWW website. Non-members of these bodies offer fewer consumer protections; (3) Do you hold professional indemnity insurance? Ask for details — minimum £500,000 per claim is an indicative minimum (some recommend £1m+). Ask to see evidence if in doubt; (4) Who supervises your work? Some will writing firms use unqualified staff to write wills with a qualified person as a 'figurehead'. Understand who actually drafts your will and what their qualifications are; (5) Do you have a complaints procedure? Ask for it in writing. For SWW and IPWW members, there is a formal process. For others, if they have no process, you have very limited recourse; (6) Are you recommending products I don't need? A will writer who immediately recommends a family protection trust, a lifetime mortgage, or a funeral plan in the same meeting may be earning commission from those products. Get a clear explanation of why they are recommending any ancillary product and what they are paid for it; (7) Will I get the original will? Ensure you understand where the original will is stored and that you (not the will writer) can access it.

For straightforward estates, a high-quality DIY will kit can provide a legally valid will at a fraction of the cost of using a will writing service, while avoiding the risks of unregulated will writers: (1) Advantages of a DIY will kit: (a) cost — typically £35–£150 for a DIY kit vs £100–£500+ for a will writing service or £200–£1,000+ for a solicitor; (b) control — you complete the document yourself, understand exactly what it says, and can check the wording; (c) no upselling risk — a DIY kit provider does not earn commission by recommending trust products; (d) immediate access to the original will — you hold it yourself; (2) Limitations of a DIY will kit: (a) not suitable for complex estates — multiple properties, foreign assets, business interests, international elements, or potential inheritance disputes require professional advice; (b) tax planning — a DIY kit may not prompt you to optimise the use of RNRB, charitable legacies for the 36% rate, or trust structures; (c) capacity and execution — if there is any question about the testator's mental capacity, or if the will needs careful execution formalities, professional support is appropriate; (3) When to use a solicitor: (a) you have complex assets (business, foreign property, Trust) requiring IHT advice; (b) the will is likely to be contested; (c) there is any question about testamentary capacity; (d) blended families with competing claims; (e) significant charitable intentions; (4) WillSafe UK provides a DIY will kit for straightforward estates — step-by-step guidance through Wills Act 1837 requirements, standard clauses, and executor instructions. Not a will writing service; no ongoing storage. For complex estates, WillSafe UK recommends instructing a solicitor or SWW-registered will writer.