Will writing service warning from financial regulator - what to look out for when hiring a company
The watchdog has issued guidance to Britons to ensure they "ask the right questions" when using alternatives to high street solicitors.
Many are turning to unregulated legal service providers to save money on will writing, but in some cases can experience aggressive upselling, the refusal of refunds and failing to respond to complaints, the CMA says.
It has written to seven unregulated providers cautioning them against such actions and told them to revise their contract terms and practices.
Because will writing services aren't bought very regularly, customers might not be aware of how much it should cost or the different options available, the CMA believes.
It has published a guide for consumers as well as for businesses.
Hayley Fletcher, CMA’s Interim Senior Director for Consumer Protection, said: "Alternatives to conventional high street law firms can offer convenient services for people – and when day-to-day budgets are already under pressure, they can be a more cost-effective option.
"Those offering these types of legal services often meet their customers at some of the most challenging times in life, so it’s particularly important that a difficult time is not made harder by misleading or unfair practices."
Will writing service UK guide
The Competition and Markets Authority has published a guide of considerations when choosing someone to write a will. You can see the full guide here. But we've also included a summary of the main points:
Check if the will writer is regulated or a member of a self-regulated body.
You can do this on the Solicitors Regulation Authority website, the CILEx Regulation, or check the Law Society of Scotland, Law Society of Northern Ireland.
Check the will writer's credentials.
Ask them to provide details of qualifications, training, experience, their job title and what that entails (eg. if they are a solicitor, professional will writer, sales rep etc), if they have professional indemnity insurance, whether the services they provide are suitable for the part of the UK live in.
Check the complaints procedure.
Find out what your options will be if something goes wrong. How do they handle complaints and can you get a refund?
Be certain how much it will cost.
Check what's included and not included in the price. Sometimes providers will charge an hourly rate so see if you can agree a limit to how much they can charge to avoid spiralling costs.
It's a good idea to keep copies of the price you have been quoted such as saved/downloaded emails or printed hard copies, in case of future disputes.
There are Free Wills Months that run every March and October and Will Aid in November where solicitors and other will writers can offer a free basic will writing service in exchange for a charitable donation. There could be additional fees if your will is complex, so you may wish to check before you go ahead.
Read the small print.
The terms and conditions could set out extra fees or unfair limits on compensation claims if something goes wrong.
They could also make other statements that would question the validity of the service, such as saying they don't provide legal advice.
Read the terms and conditions carefully to ensure you are comfortable and don't be afraid to ask for clarification on what something means.
Know your rights.
You have 14 days to change your mind and receive a full refund if you purchase a will writing service online or away from the writer's business premises.
If the business hasn't informed you of your right to a 14-day cooling off period, it is extended to a year, or 14 days from the date the business informed you.
Depending on which bank debit or credit card you used for payment, you may be able to get a refund through the provider. The Financial Ombudsman has more information.
For extra help, you can contact Citizens Advice.
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