Will writers, divorce and probate services be warned against “deceptive or aggressive” practices

Unregulated Law Firms: Divorce and Probate Writers and Services Will Be Instructed to Treat Clients Fairly

Writers at Will and other legal services firms were slapped with a warning against “deceptive or aggressive” sales practices and threatened with an official investigation by the Competition and Markets Authority.

The watchdog issued guidance to seven unnamed companies on how to treat customers fairly and openly published its letter to unregulated legal providers.

It warns companies not to use “particularly worrying practices” when people find themselves in the most difficult moments of their lives.

The CMA is trying to eradicate inappropriate behavior such as aggressive selling, refusing refunds and failing to respond to complaints.

His warning is directed at legal companies, including prepaid probate services – which come with a specific and strict warning explained below – and those that offer online divorce as well as will writing.

Drafting services have become a cheap and increasingly popular alternative to high street lawyers.

Some are reputable, follow codes of conduct and have lawyers on the payroll to ensure the work is carried out correctly – see the chart below for what to check before using one.

The CMA says it wants to protect the growing number of consumers opting for unregulated legal services.

“It is crucial that they understand and comply with their consumer protection obligations,” he says. “People buying these services need to know they are getting a fair deal.”

The CMA adds: “Those who receive a letter should acknowledge it and act on any recommendations to review and revise their contractual terms and practices.

“With the CMA being given stronger enforcement powers from next spring, if concerns are not addressed, companies could face a formal investigation.”

The new Digital Markets, Competition and Consumer Act will allow the CMA to determine whether consumer legislation has been breached, impose fines and order companies to pay compensation to customers.

The watchdog has also issued guides for customers on the level of service they should expect from unregulated will writers and divorce service providers, as well as sources of help if something goes wrong.

Meanwhile, probate is the formal process of gaining control of an estate after someone’s death.

The CMA states: ‘Consumers are advised to think carefully before purchasing prepaid probate plans as they present significant risks to consumer protection, including the fact that the company may cease trading before the consumer’s death. ‘

And it points to an advance notice to the public about the Financial Conduct Authority’s prepaid inventory, which says: ‘We strongly advise you to carefully consider whether these products meet your needs and offer value before purchasing, as there are no regulatory protections in place for you.

Sarah Manuel, head of professional standards at inheritance industry body STEP, welcomes the CMA’s move to protect consumers from poor practice in the will-writing and legal services sector.

“We fully support your efforts to raise awareness of unregulated suppliers and introduce stronger enforcement powers. We also welcome advice from the public on what to consider when purchasing will writing services.

Manuel warns: “Anyone can become a will writer and bad advice can cause significant suffering, leaving bereaved families to deal with the financial and emotional consequences.

‘We hear too often from the public and our members about the financial and emotional impact of bad advice from dishonest, unqualified and incompetent writers.’

She adds that in a STEP survey of members last year, 79 percent found wills with errors and 54 percent were aware of other companies making false claims, such as avoiding nursing home fees.

‘We remain committed to ensuring that these wills are appropriately qualified.

‘STEP sets standards for our members drafting wills, trusts and similar legal documents through our qualifications, Wills Code and other tools.’

Manuel says STEP will continue to push for regulation of the will-writing industry, along with high-quality training and greater recognition of specialist qualifications.’

Michael Culver, president of the Life Bar Association and head of Culver Law, also welcomes the CMA’s move but questions whether it goes far enough.

‘While many will writing firms, especially those in the Society of Will Writers, must adhere to similar standards as solicitor firms, others do not.

“These companies often make misleading claims about savings care fees, inheritance taxes and probate fees, with little consumer protection. The new guidelines and strengthened enforcement powers are therefore a positive step.”

However, it adds: “Wills and durable powers of attorney are crucial legal documents, often made in emotional moments or by vulnerable individuals.

«It is time for these services to become a reserved legal activity, as is the case in other jurisdictions, to better protect consumers.

“Additionally, there is no mention of the risks associated with DIY kits, which can lead to costly legal issues and expose vulnerable people to fraud and abuse.”