Make A Will This New Year, But Avoid ‘Cowboy Will Makers’

Writing a Will is not a regulated service, which has led to many disreputable – or ‘cowboy’ companies springing up on the web. Inevitably, some people believe the claims such businesses make and are tempted to write their own Will or opt for one of the many low-cost options heavily promoted online. However, in most cases, a price that looks too good to be true is often just that. So, if one of your New Year’s resolutions is to make a Will, we recommend you avoid using the ‘Cowboy Will Makers’ described in STEP’s 2023 report and take advice from a qualified professional.

Risks From Unqualified, Incompetent Practitioners

Last year, following severe concerns for the public over breaches in consumer protection law, the Competition and Markets Authority (CMA) launched an investigation into the potential risks to those who paid for unregulated will-writing services, pre-paid probate plans and online divorce.

In response to the CMA inquiry, STEP (an independent, professional body for inheritance advisors) shared the results of their report about unscrupulous will-writing services compiled from real-life cases reported by STEP members. The results underlined the impact of ‘dishonest, unqualified and incompetent’ practitioners.

Primary concerns include:

1. False claims by ‘cowboy’ firms resulted in significant tax bills, with examples of tax charges in the tens or hundreds of thousands of pounds and, in a few cases, up to £2 million.
2. Companies often quote fees for writing a Will but then charge additional costs not covered within the business terms.
3. Firms frequently make false claims about the Will they sell to clients, including being advised that care home fees can be avoided by either putting their home and other assets into a trust during their lifetime or gifting their house during their lifetime. Both are deliberate deprivation of assets, ineffective for care assessment, and with profound financial implications.

Why You Should Use a Lawyer to Make a Will

1. They Know What to Ask: Specialist solicitors advise hundreds of clients a year and are trained in this complex area of law. They guide every client through the whole process, taking their assets and everything that makes up their estate into account. As a result, they ensure the Will genuinely reflects their client’s intentions. This is especially important today, where more complex, blended family structures are common.

2. Accuracy: Specialist lawyers ensure the wording of a Will is clear, properly drafted and legally valid. Many disputes over Wills come from ambiguous wording or poorly executed documents, but using a lawyer removes this risk, ensuring everything is explicit and fully compliant.

3. Minimise Inheritance Tax: Comprehensive legal experience counts for straightforward and complex Wills. Experienced lawyers examine all legitimate and current reliefs and exemptions, and the Will is structured to mitigate Inheritance Tax (IHT) liability.

4. Protection & Accountability: Solicitors in England and Wales are fully regulated by the Solicitors Regulation Authority (SRA) and are bound by a strict Code of Conduct. “Cowboy’s will-writers are unregulated, don’t have a complaints body, and are not required to carry insurance.

5. Comprehensive One-Stop Shop: Specialist lawyers can help set up Lasting Powers of Attorney, safely store the Will, and often act as executors.

Our Advice

Don’t leave anything to chance, and make or revise your Will. Be mindful of the genuine risks involved in choosing what appears to be the cheapest option. A process-driven online form is rarely a substitute for a face-to-face discussion with a qualified person with a wealth of training and experience.

Drawing up a Will can seem morbid, scary, or even unnecessary. But once your Will is sorted, you’ll have the peace of mind that your affairs are in order, you have an executor of choice, and those closest to you will be taken care of. Please contact us if you’d like to update your Will, need an instant quotation, or start from scratch. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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