Christina Taylor from Oakwood Solicitors shares their concerns about online will writing services

Writing your Will online

At Oakwood Solicitors we understand that making a Will can be both a daunting and emotional process, and we know that with the current cost of living especially, it can be tempting to go for a cheap or online service to get it done.

In many cases, however, these low-cost online Will writing services are carried out by questionable companies that have no Solicitors Regulation Authority (SRA) oversight. This article aims to shed a little more light on the potential pitfalls of choosing an unregulated firm to compose your Last Will and Testament.

If you were to go ahead with using an unregulated firm to write your Will, you will have no protections in place should anything go wrong. Often, issues with Wills are not discovered until after the person making the Will has passed away, which may lead to long and expensive legal battles, at a time when grief over the loss of a loved one is at its highest and many matters need to be attended to.

It can also mean that a loved one’s assets may not be divided in a way they would have wished, or worse: the Will may be invalid due to the preparation or execution of it.

Our research at Oakwood

Previously we had undertaken our own research by undertaking an online search resulting in advertisements for Will writing services on discount sites such as Wowcher and Groupon, which are offering the preparation of a Will for as little as £9. However, the firms offering Wills for such low prices were not regulated and overseen by the Solicitors Regulation Authority (SRA).

We know that as tempting as these cheap options can be at the time of purchase, it can end up costing a lot more to fix potential problems in the long run. In some other cases, the initial cost may be low, but due to lack of regulation, additional fees can be added, which ends up bumping the price up beyond what you were expecting.

At Oakwood Solicitors, we are often approached by clients instructing us to ‘fix’ their Will, or to rectify other services which have been sold to them during the Will writing process after paying for the cheaper alternatives. Due to this, we want to emphasise the importance of employing an SRA-regulated firm from the start.

Charlotte Bandawe, our Head of Wills and Probate, says:

“Do not presume that solicitors are the more expensive choice when considering your options as to who you should instruct to assist you with your legal matters. This is often not the case.

“Solicitors are regulated by the Solicitors Regulation Authority (SRA), and therefore we have to meet certain standards. One of these standards is to be transparent with our fees.

“As such, you will not be blindsided with unexpected costs and will be advised in advance of our fees before the work is commenced. If your matter becomes more complex throughout the course of your instruction, you will again be informed of any potential additional fees before the supplementary work is carried out.

“As solicitors are regulated by the SRA, if your matter is not handled correctly then the SRA, as a supervisory body, will help to deal with your complaint which is taken seriously.”

What should I be aware of?

When you are looking for a firm to write your Will, make sure they are SRA regulated:

1. Before committing yourself to anything, ask the firm if they are SRA regulated

• 2. Check their website to see if it is displaying the SRA logo, as this is a requirement for all regulated firms

• Visit the SRA website and search the online register to make sure that the law firm is listed as a regulated firm

When composing my Will together, why should I use a SRA regulated firm?

The SRA’s purpose is to ensure that solicitors and law firms maintain a standard expected by professionals. In the event of a breach of regulations or a failure to meet the requirements expected, the SRA can take action to penalise regulated firms.

Assistance from the Legal Ombudsman

When using a regulated firm, the Legal Ombudsman is another avenue of protection if anything goes wrong. The Legal Ombudsman can investigate complaints against solicitors, barristers and legal practitioners – but this only applies if they are regulated.

If you experience a problem whilst using an unregulated firm, it can often be difficult to pursue compensation for the damages. 

Seven reasons why caution is advised regarding unregulated Will-writing services

• All assets, such as bank accounts and property may not be considered when advice is provided
• Wills may not be securely stored
• Previously made, outdated Wills may not be destroyed
• Additional, unexpected costs could be added for services which may not be suitable for your needs and requirements
• Expensive legal costs may be faced in the event of something going wrong
• The drafted Will may not be valid
• You may not have received the correct advice regarding your estate when preparing your Will.

Getting in touch with Oakwood Solicitors

For any fully SRA regulated assistance in your Will-writing journey, please do not hesitate to contact our team today on 0113 200 9720, or visit our website for more information and enquire online.