CMA publishes consumer protection guidance for Will-writing

The Competition and Markets Authority (CMA) has published new consumer protection guidance covering unregulated providers of Will-writing, online divorce and pre-paid probate services, Remember A Charity said on 17 October 2024¹. The charity welcomed the guidance, which it said follows the regulator's investigation into those unregulated providers¹.

The Will-writing guidance is aimed at unregulated providers and the public, and Remember A Charity said it can also be particularly helpful for charities that signpost supporters to Will-writing providers or partners¹. The charity said the guidance aims to help the public make more informed choices, support unregulated practitioners in complying with their obligations, and increase protection for consumers who opt for alternatives to high street solicitors when making a Will¹. The CMA emphasises that consumer protection applies for anyone writing a Will, even if those services are funded through a charity¹.

For providers, the CMA guidance summarises the do's and don'ts, including the importance of unregulated providers ensuring that terms and conditions are clear, fair and accessible¹. It advises providers to avoid any misleading comparison of services and to make clear how involved solicitors and other regulated legal professionals are in the process, and includes case studies showing what practices would be considered compliant¹.

A complementary consumer guide explains what services are available, how they differ, and the public's rights if anything goes wrong¹. It lists questions to ask, such as establishing the qualifications, training or experience of the practitioner, asking about professional indemnity insurance and their complaints handling process¹. It also advises checking whether the provider is drafting the Will, using a third party or legal adviser to draft it, or whether the service is based on a template or online form¹.

Remember A Charity said recommendations it made at consultation stage, working jointly with the Institute of Legacy Management, have been taken forward by the regulator, and that the consumer guide links to its Making A Will pages¹.

Why it matters for households

Anyone writing a Will through a provider that is not a regulated law firm is covered by the guidance, including where the service is arranged or funded through a charity¹. The CMA's position, as reported, is that consumer protection applies in those cases regardless of how the service is paid for¹. The consumer guide sets out the questions people can put to a provider before buying, covering the practitioner's qualifications, training or experience, professional indemnity insurance and complaints handling, and whether the Will is drafted in-house, by a third party or from a template or online form¹. The guidance for providers sets expectations on clear, fair and accessible terms and conditions, on comparisons of services and on disclosure of how far solicitors and other regulated legal professionals are involved¹.

What happens next

The CMA guidance for unregulated providers and the short guide for consumers are both published¹. No further dates or steps have been reported¹.