Will Writing: Regulated vs Unregulated — What You Need to Know

40% of UK adults wrongly believe that all will writing services are regulated. They're not.

Will writing is not a reserved legal activity in England and Wales. This means anyone can offer will writing services — with or without legal qualifications, with or without regulatory oversight, with or without professional insurance.

That sounds alarming. But the reality is more nuanced. Here's what regulation actually means, what protections exist, and whether it should affect your choice of provider.

The Regulatory Landscape

Reserved vs Non-Reserved Legal Activities

In England and Wales, certain legal activities can only be performed by regulated professionals (solicitors, barristers, etc.). These "reserved activities" include:

• Conducting litigation
• Appearing as an advocate in court
• Administering oaths
• Probate activities (from December 2023)
• Certain property transactions (conveyancing)

Will writing is not on this list. It's a non-reserved activity. Anyone can do it.

This isn't an oversight. The Legal Services Act 2007 specifically defines the reserved activities, and will writing was deliberately excluded. There have been periodic calls to regulate will writing — the Legal Services Consumer Panel recommended it in 2013 — but Parliament has not acted.

What This Means in Practice

• A solicitor can write your will (regulated by the SRA)
• A professional will writer can write your will (unregulated, but may belong to a voluntary body)
• An online service can generate your will (unregulated, but may carry professional indemnity insurance)
• You can write your own will (no regulation needed)

All four options produce a legally valid will if the Wills Act 1837 requirements are met.

Understanding Regulation: Who Regulates What?

SRA-Regulated Solicitors

Solicitors are regulated by the Solicitors Regulation Authority (SRA). This provides:

• Professional standards — solicitors must follow a Code of Conduct
• Competency requirements — minimum qualifications and ongoing training
• Compensation fund — if a solicitor steals your money, a compensation scheme covers losses
• Complaints process — you can complain to the Legal Ombudsman
• Professional indemnity insurance — mandatory
• Financial transparency — firms must keep client money in separate accounts

SRA regulation is comprehensive. If something goes wrong with a solicitor-drafted will, you have clear routes for redress.

Providers regulated by the SRA: High street solicitors, Co-op Legal Services, some online services under SRA waivers (e.g., Make A Will Online)

Voluntary Industry Bodies

Some will writers belong to voluntary professional bodies:

The Institute of Professional Willwriters (IPW):

• Members follow a Code of Practice
• Must carry professional indemnity insurance
• Complaints process available
• Not a regulatory body — membership is voluntary

The Society of Will Writers (SWW):

• Members follow a Code of Practice
• Must carry professional indemnity insurance
• Complaints process available
• Not a regulatory body — membership is voluntary

Membership of these bodies signals a commitment to standards, but it's not the same as statutory regulation. Anyone can leave these bodies at any time, and the sanctions available are limited.

Unregulated Providers With Insurance

Some online will services are unregulated and don't belong to industry bodies, but carry professional indemnity (PI) insurance. This is the category CheapWills falls into.

PI insurance means that if there's a fault in the service (e.g., a defective template that causes a loss), the insurance covers the cost. This provides financial protection similar to — though not identical to — the protections offered by regulation.

Fully Unregulated Providers

Some will writing services have no regulation, no industry body membership, and no insurance. These offer the least protection. If something goes wrong, your options are limited to general consumer protection law.

What Could Actually Go Wrong?

To understand whether regulation matters, you need to know what the risks are:

Template Errors

The will template could contain a legal error — ambiguous wording, a missing clause, or a provision that doesn't work as intended. This applies to both regulated and unregulated services.

Protection: PI insurance covers losses from template errors (CheapWills has this). SRA regulation provides additional routes to compensation. Solicitor-approved templates reduce this risk at source.

Execution Errors

The will could be signed or witnessed incorrectly, making it invalid. This is the most common problem, and it's your responsibility — not the provider's — regardless of regulation status.

Protection: Clear instructions (which CheapWills provides) reduce this risk. A solicitor conducting as supervised signing is the most protective option, but costs significantly more.

Unsuitable Will

The will might be legally valid but not suitable for your situation — for example, missing provisions for a blended family or failing to address tax implications.

Protection: Solicitors can spot suitability issues because they provide personalised advice. Self-service online services can't do this. Most good providers (including CheapWills) clearly state when situations are too complex and recommend a solicitor.

Fraud or Misuse

Your personal data could be misused, or the provider could disappear with your money.

Protection: SRA regulation provides the strongest protection here. PI insurance doesn't cover fraud by the provider. General consumer protection law (including payment chargebacks) is the fallback for unregulated services.

Undue Influence

Someone could pressure you into making a will that doesn't reflect your wishes.

Protection: A solicitor conducting a face-to-face meeting is best placed to check for undue influence. Online services can't easily detect this. Regulation isn't the main factor here — the method of delivery is.

Does Regulation Matter for Simple Wills?

Here's the honest assessment:

For Simple Wills (80%+ of people)

For a straightforward will — leaving everything to your spouse, then children, naming guardians and executors — the risk of anything going wrong is low regardless of provider. The template provisions are standard and well-established. The main risk is execution errors (signing and witnessing), which are your responsibility in all cases.

In this scenario, regulation provides relatively little additional protection because the likelihood of a problem is small. A well-designed template with PI insurance backing is adequate.

For Moderately Complex Wills

If you have a blended family, significant assets, or unusual provisions, the risk of an unsuitable will increases. A regulated solicitor can identify issues that a template-based service might miss. Industry body membership provides some quality assurance.

For Complex Wills

For overseas property, business succession, tax planning, or potential disputes, use a solicitor. The advice element — not just the document — is what you're paying for. Regulation ensures the advice meets professional standards.

How CheapWills Handles This

CheapWills is an unregulated will writing service. We're transparent about this. Here's what we do to protect you:

Solicitor-approved templates. Our templates were designed and reviewed by a qualified solicitor. The legal structure, wording, and document format have been professionally verified.

Professional indemnity insurance. If there's ever a fault in our templates that causes a loss, our insurance covers it.

Clear limitations. We tell you when your situation is too complex for our service and recommend you use a solicitor. We don't try to handle cases that need professional advice.

No data retention. We don't store your will data after download, reducing the risk of data misuse.

Transparent pricing. £9.99. No hidden fees, no upselling, no subscription traps.

We don't pretend to be regulated. We don't pretend to replace solicitors for complex estates. We offer a well-built product for straightforward wills at a fair price, with insurance backing if something goes wrong.

Choosing a Provider: What to Look For

Regardless of whether you choose a regulated or unregulated provider, look for:

Essential

• Professional indemnity insurance — confirms the provider stands behind its product
• Clear pricing — no hidden fees or confusing tiers
• Honest limitations — does the provider tell you when to use a solicitor instead?
• Template quality — are templates solicitor-approved or professionally reviewed?
• Data protection — how is your personal information handled?

Desirable

• Industry body membership (IPW, SWW) — signals commitment to standards
• Positive customer reviews — check independent review sites
• Clear complaints process — what happens if you're not satisfied?

For Complex Estates

• SRA regulation — mandatory for complex legal advice
• Face-to-face advice — essential for identifying issues templates can't handle
• Specialist expertise — tax planning, international estates, business succession

The Regulation Debate: Should Will Writing Be Regulated?

There's a genuine debate about whether will writing should become a reserved activity.

Arguments for regulation:

• Consumer protection against unqualified providers
• Quality standards across the industry
• Clear complaints and compensation routes
• Preventing the rare but real cases of fraud and negligence

Arguments against regulation:

• Will writing is straightforward for most people — regulation adds cost without proportionate benefit
• Regulatory costs would be passed to consumers, raising prices
• Voluntary industry bodies already provide quality standards
• The real risk (execution errors) isn't addressed by regulating providers
• Template-based online services have democratised access — regulation could restrict this

The government has so far decided that the benefits of regulation don't justify the costs. This position may change, but as of 2026, will writing remains unregulated.

The Bottom Line

Will writing is unregulated. That's a fact, not a flaw.

For straightforward wills, regulation provides marginal additional protection because the risks are low. Solicitor-approved templates, professional indemnity insurance, and clear limitations provide adequate protection for the vast majority.

For complex estates, use a regulated solicitor. The advice — not just the document — is worth paying for.

CheapWills offers solicitor-approved templates backed by professional indemnity insurance for £9.99. We're honest about what we are (an unregulated online service) and honest about what we aren't (a solicitor). For straightforward wills, that honesty — combined with a good product — is what matters.

Make your will today for £9.99 — it takes 10 minutes.

Frequently Asked Questions

Is will writing regulated in the UK?

No. Will writing is not a reserved legal activity in England and Wales. Anyone can offer will writing services without legal qualifications or regulatory approval.

Are online will services regulated?

Most are not. Some (like Make A Will Online) operate under SRA waivers. Others (like CheapWills) are unregulated but carry professional indemnity insurance and use solicitor-approved templates.

What happens if an unregulated will writer makes a mistake?

If the provider has professional indemnity insurance, you can make a claim for financial losses. Without insurance, your recourse is limited to general consumer protection law. Always check whether a provider has PI insurance before using them.

Is a solicitor-written will safer than an online will?

For straightforward estates, the difference is minimal. Both produce legally valid documents. A solicitor adds value for complex estates where personalised advice reduces the risk of an unsuitable will.

Do I have any protection using CheapWills?

Yes. CheapWills carries professional indemnity insurance and uses solicitor-approved templates. If there's a fault in our templates that causes a loss, our insurance covers it. For straightforward wills, this provides adequate protection.

Should I only use a regulated provider?

For straightforward wills, no. Regulation adds cost without significantly reducing risk for simple estates. For complex estates involving tax planning, overseas property, or potential disputes, SRA-regulated advice is recommended.