Do You Need a Solicitor to Write a Will?

Solicitor vs will writer

The short answer is: no, you do not need a solicitor to write a will. In England and Wales, will writing is not a legally regulated activity. This means that qualified professional will writers, who are not solicitors, can prepare wills that are fully legally valid.

Solicitors are regulated by the Solicitors Regulation Authority and must meet strict professional standards. They are qualified lawyers with broad legal training. Will writing is one of many services they offer, but it is not their exclusive specialism and not always their primary focus.

Specialist will writers are professionals whose sole or primary focus is will writing and estate planning. Many belong to recognised professional bodies including the Society of Will Writers (SWW) or the Institute of Professional Will Writers (IPWW), which set standards for practice, require continuing professional development and mandate professional indemnity insurance.

For most families with straightforward estates — a home, savings, children, standard wishes — a specialist will writer will provide an equally thorough, more focused and often less expensive service than a solicitor. The quality of advice and documentation depends on the individual professional, not on whether they hold a solicitor's qualification.

Legal validity of wills

A will is legally valid in England and Wales if it meets the requirements set out in the Wills Act 1837. These requirements are:

• It must be in writing (printed or handwritten)
• It must be signed by the testator (the person making the will)
• The signature must be made or acknowledged in the presence of two witnesses
• Both witnesses must sign in the testator's presence
• The testator must be at least 18 years old (with limited exceptions for military personnel)
• The testator must have testamentary capacity — understanding the nature and effect of the will

Nowhere in these requirements does it state that the will must be drafted by a solicitor. What matters is that the content is clear, unambiguous and legally precise, and that the execution process is carried out correctly. An experienced professional will writer understands these requirements thoroughly and applies them in practice every day.

When a solicitor is needed

For most people, a specialist will writer is entirely adequate. However, there are circumstances where a solicitor's broader legal expertise is preferable or necessary:

• Contested capacity: If there is any doubt about whether the testator has the mental capacity to make a will, a solicitor can put in place additional safeguards including a 'golden rule' capacity assessment by a medical professional.
• Complex business interests: Significant business assets, shares in private companies, farming businesses or partnership interests may involve specialist tax and legal considerations that benefit from a solicitor's input.
• International assets: If you own property or significant assets in other jurisdictions, the interaction between UK law and the relevant foreign laws may require a solicitor or specialist international estate planner.
• Expected challenges: If you have strong reason to expect the will to be challenged — for example, if you are excluding an adult child — a solicitor can help document the reasons thoroughly.
• Disputes and litigation: If there is already a dispute about an estate or a previous will, legal representation is needed and a solicitor is appropriate.

Benefits of specialist will writers

For the majority of clients, a specialist will writer offers several advantages over a general solicitor:

• Specialism: Will writers focus entirely on wills, LPAs and estate planning. This depth of focus often results in more thorough and personalised advice than a solicitor for whom wills is one practice area among many.
• Cost: Specialist will writers typically charge less than solicitors for standard will preparation, making professional advice accessible to more families.
• Accessibility: Many will writers offer home visits and evening or weekend appointments. At Legacy Lines we come to you, which is particularly valuable for clients who are less mobile or prefer a home consultation.
• Personal service: Smaller specialist practices often provide a more personal, attentive service. You deal with the same professional throughout the process rather than being passed between team members.

Choosing the right professional

Whether you choose a solicitor or a specialist will writer, the same principles apply when selecting a professional to trust with your will.

Look for membership of a recognised professional body. For solicitors, check the SRA register. For will writers, look for membership of the Society of Will Writers or the Institute of Professional Will Writers. Both bodies require professional standards, continuing education and professional indemnity insurance.

Be cautious of will writers who rush the consultation, provide little explanation of the options, or push add-on services you have not asked about. A proper consultation should cover your assets, your family situation, your wishes for distribution, executor appointments, guardian appointments if applicable, and any trust or tax considerations.

At Legacy Lines, David is an appointed representative of New Leaf (WWF) Ltd, operating with the backing of professional standards and comprehensive indemnity cover. Our will writing service in Kent covers Tonbridge, Tunbridge Wells, Sevenoaks, Maidstone and the surrounding area. Get in touch to discuss your needs.

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