What is a will writer?
Legally, in the UK, anyone can write a will, so you can write your own if you choose. However, a will must be prepared correctly to be legally valid. Unless you have the right expertise, it is usually better to use a professional will writer or solicitor.
But what is the difference between these two professionals, and which one is right for you?
A will writer is someone trained specifically in will writing, whose job is to help people prepare their wills. They understand the will-writing process and can make sure the document is set out properly and is legally valid. A will writer does not need to be a lawyer, as their expertise is focused specifically on making a will.
What is a solicitor?
A solicitor is a qualified legal professional who is regulated by the Solicitors Regulation Authority. Solicitors can offer will writing as part of a wider range of legal services.
They may also have expertise in related areas, such as inheritance tax and estate planning, because of their broader legal training and qualifications.
Which one do I need?
For most people, either a solicitor or a will writer will do a good job of preparing a will. This may apply whether you are making a will with a spouse, updating an existing will, or creating a new will after a major life change such as marriage, remarriage, or buying property.
The main differences usually come down to complexity and cost.
When to use a will writer to write your will
If your estate is relatively straightforward and most of your beneficiaries are your spouse or children, a will writer is often a good option. They are specialists in their field, many offer home visits, and they are usually more affordable than a solicitor.
Many will writers work independently, which can help keep costs down while still giving you access to expert guidance and the chance to ask questions throughout the process.
You should still check that the will writer you choose belongs to a recognised professional body, such as the Institute of Professional Willwriters or the Society of Will Writers, so you can feel confident they understand the work involved.
When to use a solicitor to write your will
If your estate is more complex, a solicitor may be the better choice. They can advise on inheritance tax, legal disputes, and other matters connected to your estate.
You may need a solicitor to write your will if:
- you own property abroad
- you own a business as part of your estate
- you live abroad for most of the time
- you have children from a previous marriage, or an ex-partner who may contest the will
Using a solicitor may cost more, but it can be worthwhile if your circumstances are more complicated. A will is a legal document that needs to stand up when the time comes, so it is important to make sure your wishes are properly protected.
If you need to make changes later, you may be able to add a codicil instead of writing an entirely new will. Solicitors are regulated by the Solicitors Regulation Authority, and complaints about their service can usually be taken to the Legal Ombudsman.
What is a Licensed Probate Practitioner?
Licensed Probate Practitioners are specialists who focus on the probate process. They are experts in legal documentation and are often instructed to help administer the estate of someone who has died.
They may also be able to witness certain legal documents, such as affidavits.
A Licensed Probate Practitioner can be a good alternative to a solicitor when applying for a grant of probate, especially if the estate is not expected to be particularly complex. Like will writers, they offer specialist expertise in a specific area.
Choosing the right expert
Whichever professional you choose for will writing or probate, it is important to think about what matters most to you and compare your options carefully. Speak to different legal professionals, ask questions, and do your research before making a decision.
Once your will is in place, you are likely to feel reassured that your wishes have been clearly set out and your future plans are in safe hands.
