The competition watchdog has published new guidance to help you understand your options when choosing a will writer and avoid any potential pitfalls.

In the UK, you can either write a will yourself or hire a will writing company. However, concerns about hidden costs, unfair contract terms and pressured sales led the Competition and Markets Authority (CMA) to launch an investigation last year.

Here we explain how the CMA took action and highlight five things to look out for when choosing a will writer.

What did the CMA investigate?

The CMA launched an investigation in July 2023 into unregulated legal services, including will writing, prepaid probate plans and online divorce services, regarding possible consumer protection breaches.

Its main concerns were misleading fees, unfair contract terms such as companies appointing themselves as executor (and charging associated fees) and pressured sales to vulnerable customers.

The CMA has since published open letters to seven anonymous suppliers, warning them to address their practices. If they fail to comply, they could face formal investigations when the CMA’s enforcement powers are expanded next April under the Digital Markets, Competition and Consumers Act.

• Learn more: reasons to make a will

Choosing a will writer: 5 things to know

We crossed the The new directions of the AMC for consumers to outline five things you should look out for when choosing a will writer.

1. Understand your options

Although some legal services are reserved for regulated professionals, drafting a will is open to everyone. This gives you a few options: you can write your will yourself, hire a regulated professional like a lawyer, or use an unregulated will writer.

The guide states that one option is not necessarily better than another and it is up to you to decide which option best meets your needs in terms of price, quality, experience and protections offered.

If you decide to use a regulated will writer, the CMA recommends that you check their status yourself on the relevant regulatory website.

Whichever option you choose, the CMA recommends that you should find out about qualifications, training, insurance coverage and whether the will will be drafted itself, whether it will use a template or he will call on a third party.

• Learn more: how to make a will

2. Clarify costs

Make sure you know how the fee is calculated, whether it is a one-time fee or an hourly rate, and whether there is a cap on the total cost.

It’s illegal for companies to add non-optional fees afterward, so if that happens, you’re not obligated to accept the service.

The CMA recommends taking a screenshot or downloading a copy of the details of the service and price you were offered in the event of a dispute later.

Free will programs like Free Will Month in March and October and WillAid in November often cover the cost of a simple will, but if your estate is more complex, you should check in advance what additional fees might arise. ‘apply.

• Learn more: how to make a will for free

3. Read the fine print

It is important to understand the terms and conditions that accompany a will writing service and read them carefully before signing up.

The CMA points out that certain terms may indicate that a company is not trustworthy.

These may include having to pay fees that were not originally agreed or imposing unfair limits on compensation or damages if there is an error in your will.

Other red flags include disclaimers that pressure you into purchasing services you don’t need, or claims of legal experts verifying your will when such a service is not actually provided.

• Learn more: what to put in your will

4. Avoid unnecessary extras

Some will writers may offer additional services, such as appointing themselves as executor or providing will storage, but these are not required for a valid will.

Executors manage your estate after your death, and while choosing a professional executor is an option, it comes with additional costs and complexities. For example, your estate will be charged for using a professional executor when their services are eventually required.

Instead, you might consider nominating a family member, which is often cheaper and allows them to decide whether or not to seek professional advice in the future, rather than committing now .

You might also encounter optional services, such as will storage, subscriptions, or estate planning, which could carry hidden fees or automatic renewal fees.

• Learn more: 5 things to know about keeping your will

5. Know your rights

The CMA advises not to feel pressured to purchase a will. If you do, ask the seller or will writer to leave your home or end the phone call.

You have a 14-day cooling-off period to change your mind and receive a full refund if you purchase online or off-premises. If you have not been informed of this right, the period extends up to one year or starts from the date you are informed of it.

If you are not satisfied with the service, contact the supplier first. Regulated providers or those linked to self-regulatory organizations may have additional support options. You can also seek advice from Citizens Advice or Which? Legal helpline if you are a member.

• Learn more: how to use your 14 day cooling off period