Is Will Writing Regulated in the UK? What You Need to Know Before Choosing a Provider
Is Will Writing Regulated? What You Need to Know Before You Choose a Provider
Will writing is not a regulated profession in England and Wales.
That surprises many people. But legally, anyone can call themselves a will writer and offer services to the public, even without any formal legal training, qualifications, or insurance.
Some are well-intentioned and experienced. Others may lack even the most basic understanding of how a will should be drafted. The trouble is, most clients don’t find that out until it is too late.
So how can you tell who to trust?
The key is to understand who is regulated, what membership bodies mean, and what questions to ask before you hand over your instructions.
Regulated Legal Professionals: Solicitors and Barristers
Solicitors and the Solicitors Regulation Authority (SRA)
Solicitors who offer will writing services are regulated by the Solicitors Regulation Authority (SRA). The SRA is the main regulatory body for solicitors in England and Wales. It sets standards for legal education, conduct, and competence, and it ensures that clients receive advice that is legally sound, professionally delivered, and properly insured.
When you work with a solicitor regulated by the SRA:
They must hold professional indemnity insurance
They must follow a strict Code of Conduct
They must keep up with legal training and continuing professional development
You have access to formal complaints and compensation schemes through the SRA or Legal Ombudsman
Solicitors can be a reliable option, particularly for clients who want the reassurance of a highly structured and regulated service. However, this level of regulation often comes with higher costs and less flexibility in terms of appointments or approach.
Barristers and the Bar Standards Board (BSB)
Barristers who provide legal services directly to the public, including will writing, are regulated by the Bar Standards Board (BSB).
The BSB is responsible for ensuring barristers meet high standards of integrity, independence, and legal expertise. Like solicitors, barristers must:
Hold professional indemnity insurance
Follow the BSB Handbook, which includes rules on confidentiality, conflict of interest, and professional conduct
Complete a set number of continuing professional development (CPD) hours each year
Operate under a regulatory framework that allows you to complain or seek redress if something goes wrong
At JD Wills and Estates, Richard is a barrister regulated by the BSB. That means he brings not only deep legal expertise but also the protections and standards that come with formal regulation.
Membership Bodies: SWW and IPW
For those who are not regulated solicitors or barristers, there are two key membership bodies that help set professional standards and offer public reassurance.
The Society of Will Writers (SWW)
The Society of Will Writers was founded in 1994 and is based in Lincoln. It is one of the largest organisations of its kind in the UK, with over 1,700 active members.
To join the SWW, a will writer must:
Demonstrate competence and legal knowledge
Hold a minimum of £2 million professional indemnity insurance
Complete a minimum of 24 hours of CPD (Continuing Professional Development) each year
Adhere to the Society’s published Code of Practice
Be subject to complaints handling procedures and compliance checks
The SWW offers ongoing technical support to its members and provides training through its own educational centre. Consumers can also check whether their chosen will writer is listed as an active member on the Society’s website.
While SWW members are not regulated by law in the same way as solicitors or barristers, their membership shows a commitment to maintaining professional standards and keeping their legal knowledge up to date.
The Institute of Professional Willwriters (IPW)
The Institute of Professional Willwriters (IPW) — often abbreviated as IPWW — was founded in 1991 and is based in Northampton. It is the only will writing membership organisation in the UK whose Code of Practice has been approved by the Chartered Trading Standards Institute (CTSI).
To become a member of the IPWW, will writers must:
Pass a formal entrance examination assessing their knowledge of wills, powers of attorney, and estate planning
Hold professional indemnity insurance (the level required is currently at least £2 million)
Complete at least 16 hours of CPD each year
Follow a strict Code of Conduct
Submit to regular compliance monitoring
Offer a transparent complaints and dispute resolution process
The IPWW also provides consumers with a search function to check whether their chosen provider is a verified and compliant member.
Although the IPWW is not a statutory regulator, its structure, training requirements, and consumer protections set a clear professional benchmark for non-solicitor will writers.
What About Will Writers Who Are Not Regulated or Affiliated?
There are many will writers who are not legally regulated and do not belong to either the SWW or IPWW.
Legally, they are still allowed to offer services to the public. But there are no set standards, no training requirements, and no formal complaints or compensation scheme. In some cases, they may not even carry insurance.
That does not mean every unaffiliated will writer is automatically unsafe. But it does mean you are placing a lot of trust in someone without any formal structure behind them. If something goes wrong, your options for recourse may be very limited.
What to Ask Before You Choose a Will Writer
To protect yourself and ensure your wishes are properly carried out, ask these simple questions:
What legal qualifications do you hold?
Are you regulated, and if so, by whom?
Do you belong to a professional membership body like SWW or IPWW?
Do you carry professional indemnity insurance, and to what level?
What happens if something goes wrong with my will?
How do you keep up to date with changes in the law?
A good provider will welcome these questions. They will be happy to explain their process, qualifications, and pricing. They will not pressure you, rush you, or avoid giving clear answers.
Final Thoughts
When you make a will, you are not just ticking a legal box. You are leaving instructions that may one day speak for you when you are no longer here. It matters who writes it, how well it is drafted, and what protection is in place if something goes wrong.
If you are unsure who to trust or would simply like to talk it through in plain English, we are always happy to have a free, no-obligation conversation. It can make things a lot clearer.
