It is essential to think carefully about who you choose to write your will. There are some simple steps that anyone can take when deciding whom to trust with writing their will or managing their assets:

1. Check their credentials. Although anyone can write a will, there are some factors you can check that your will writer has to give you peace of mind.

These include:
• Specialist accreditations: are they a member of STEP (a full member can use the letters ‘TEP’ after their name) or another reputable specialist body, such as the Law Society’s Wills and Inheritance Quality Scheme or the Institute of Professional Willwriters?
• Qualifications: Do they hold any specialist qualifications such as STEP’s Advanced Certificate in Will Preparation or the STEP Diploma?
• Have they told you who regulates them and which relevant professional bodies they are members of? You should be able to verify their credentials by searching a published register on the body’s website.
• How much experience do they have in this specialist area? Is the person who takes your instructions the same person who will draft your will? If not, why not? Are they supervised by someone?
• Insurance: Do they have professional indemnity insurance (PII)? PII protects consumers and provides cover for the advisor for potential claims from clients.
• Terms of Business: Have they given you a contract that sets out the service they will provide for you? Are the costs transparent? This may also be called an ‘Engagement Letter’. Costs should be confirmed in writing and where applicable include VAT and disbursements.
• Complaints: Have they told you who you can complain to if something goes wrong?
• Ethics: Are they signed up to an ethical code?

2. Shop around. Just as you would get more than one quote for any major purchase, it is worth getting a second or even a third opinion for your will. This is particularly important if you feel under any pressure from an advisor to give them your business. A reputable advisor will respect your decision to do this.
Remember your will is also covered under the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008. This should be explained to you.

3. Know the red flags. Has an advisor tried to scare you into using their service? Have they suggested that a solicitor will charge an extortionate fee? Have they knocked on your front door or approached you in a shopping centre? Are they preying on your vulnerabilities by suggesting you are saving your loved ones time and money when they will be bereaved? Does their website list the names and qualifications of their employees?

If you do not feel comfortable about how an advisor is communicating with you, it is a good idea to pause and consider if you want to give them your business. You might still choose to work with them once you have all the facts and have compared them with another provider. Do not be afraid to ask questions, trust your instincts and pause to discuss your decisions with your loved ones.

4. Beware of false promises about avoiding care home fees. Many people understandably wish to protect the family home from being sold to pay for care fees. If an advisor promises you that they can do this, beware. It is unlikely that any anyone can guarantee this. It can cause problems later with a local authority if you have tried to hide your assets.

5. Read the small print. We have heard from families where their loved one chose a will-writing service without realising that the firm chosen would take a large cut of the estate by acting as an executor and undertaking the estate administration or appointing a third-party firm. The estate pays these professional fees before the beneficiaries receive anything. It is unlikely that a very small or very simple estate will need a professional administrator.

6. Do not be put off by legal terminology that you do not understand. A reputable provider will be happy to explain it to you. They will also listen to your concerns if the first draft does not accurately reflect your wishes, or if it contains spelling errors etc, and will amend without a charge.

7. Find a STEP member in your area who specialises in writing wills.

You can search our Directory here for someone who specialises in writing wills in your area.

You can also find a wealth of useful information on this website.