Fairer Finance, the independent consumer group and ratings provider, has launched a new set of product ratings for online will-writing services amid growing concerns that the rise in DIY wills could lead to future disputes or even render wills invalid.
With only 53% of UK adults having made a will and 3.7 million wills written each year, the rise of online and DIY services has transformed how people plan for the future. Almost one in four (23%) consumers now opt for digital, DIY, or non-professional methods to create their wills. While these platforms offer speed and affordability – some costing under £20 and completed in less than 15 minutes – they also come with significant risks.
The rise in DIY wills has corresponded with a 37% increase in attempts to block probate processes between 2019 and 2021. Approximately 10,000 individuals contest wills annually in England and Wales.
Key risks identified by Fairer Finance:
· Lack of regulation: Unlike solicitors, many online will-writing services are unregulated, potentially leading to improperly drafted wills that may not reflect the testator’s intentions.
· Incorrect execution: A will is not valid unless it is signed and witnessed properly. Many users fail to follow the strict legal witnessing rules, especially during Covid when remote witnessing increased, leading to invalid wills.
· Storage and security risks: Some providers don’t offer secure or accessible long-term storage. Wills stored at home risk being lost or not found after death.
· Ambiguous wording: Poorly drafted clauses can lead to confusion or misinterpretation. Ambiguities may require court interpretation, delaying probate and increasing costs.
· Complex family structures: Modern family dynamics, including blended families, second marriages, and cohabitation, have contributed to the complexity of estate planning, often leading to disputes when wills are not clearly defined.
Helping consumers make better choices
To address these challenges, Fairer Finance has launched its online will-writing ratings, designed to guide consumers toward safer, more transparent services. The ratings are based on a strict set of ‘red line’ criteria, including whether legal advice is provided, if providers appoint themselves as executors (and take a cut of the estate), and whether clear signing instructions are included. Only providers meeting all ‘red line’ criteria receive a 5-star rating. Currently Bequeathed and Hugh James are rated five stars by Fairer Finance.
James Daley, managing director of consumer group Fairer Finance said: “Writing a will is one of the most important things you can do to protect your loved ones, and it needs to be done right. Too many online services make the process seem quick and easy, while failing to flag the risks or provide any legal support. While technology has made will-writing more accessible, it has also introduced serious risks. A poorly drafted or invalid will can create stress, disputes, and financial loss for families at the worst possible time. Our new ratings aim to expose those shortcomings and help consumers identify which services are genuinely safe and trustworthy.”
Fairer Finance’s market analysis among online will-writing services found:
· In nearly every case where legal advice is not provided, it is not made clear during the customer journey this is the case; only Irwin Mitchell clearly discloses this on their main page.
· Only three providers (Bequeathed, Co-op Legal Services, and Hugh James) offer regulated legal advice as part of their service.
· Six providers do not clearly communicate when a will might be unsuitable for customers with complex needs, failing to warn users or stop the journey when complexity is detected.
· Only eight providers provide a clear warning about testamentary capacity. If it’s not possible to prove that a customer was of sound mind when they made their will, it could invalidate it.
· Seven providers limit their liability to the price paid for the will, and another two cap their liability at £1,000.
· Five out of 11 providers offering professional executor services fail to disclose the fees for it at the point of selection.
· Two providers charge customers to retrieve their will, with one fee as high as £49.98.
For more information about Fairer Finance and to read more about its Customer Experience and Product Ratings, visit https://www.fairerfinance.com/.
