Competition and Markets Authority Launches Investigation into unregulated Will-writing

The UK Competition and Markets Authority (CMA) has launched an investigation into unregulated Will-writing services. This investigation will also look into online divorce and pre-paid probate services. The CMA wants to know about people’s experience of dealing with firms offering these types of services. One of the concerns expressed by the CMA is that organisations offering these types of services are not complying with consumer protection law.

In this article, we will focus on the aspects of the investigation in relation to Will writing.

What are the areas of concern for the CMA?

Anyone can prepare a Will. It is not a regulated service. However, to make sure your estate will be dealt with properly after your death, it is important to make sure your Will is properly prepared. Solicitors in Scotland are regulated by the Law Society of Scotland. That means solicitors’ conduct and service delivery are subject to strict regulation.

However, the CMA are concerned that people are drawn to use an unregulated Will-writers use misleading adverts do not tell the full story about costs. They are of the view that whilst the initial fee advertised is extremely low, the final cost will be significantly higher.

In addition, there concerns about unfair business practices. These include exclusion of liability for the consequences of any mistakes or automatically appointing the Will-writing company as an executor in the Will.

Finally, the CMA has received reports of pressure selling and vulnerable people being coerced into signing up for the services provided by the unregulated Will-writers.

How long with the Investigation Last?

Much will depend on the volume of responses from member of the public, consumer organisations and the unregulated companies themselves. The CAM is looking for responses to be lodged with them no later than 4 September 2023. Once these have been received, the CAM will review the responses and formulate a view. If they take the view that the public are at risk, they will make recommendations relating to the regulation of unregulated Will-writers. There is no time limit with which the CMA must report.

If you have used an unregulated Will-writer to prepare your Will and wish to make representation to the CMA, you should email them on UnregulatedLegalServicesTeam@cma.gov.uk no later than 4 September 2023.

You can visit the CMA investigation page here.

What should you do if you had a Will prepared by a Will-writer?

If you have had your Will prepared by a Will-writer and would like it checked to ensure it properly complies with Scots Law, please contact us.

Drawing up a Will is one of the most important things you can ever do. That means it is essential you get it right! Our solicitors have many years of experience in drawing up Wills for our clients based on their instructions. We are regulated by the Law Society of Scotland who will deal with any conduct issues and by the Scottish Legal Complaints Commission who will address any service issues. This provides you wish the knowledge that in the unlikely event of our making a mistake with your Will, you will be fully protected. This is not the case with unregulated Will-writers.

If you would like to make a Will or update an existing Will or to discuss your options, please do not hesitate to contact us.