
A 63-year-old woman from Bolton, is facing the potential loss of her home due to a £19.99 online Will purchased by her late partner, who died of a brain tumour in 2024. The woman’s partner used a service which appointed its parent company as executor of his estate.
Though the upfront cost of the will was low, hidden clauses allowed the company to charge 4% of the estate’s value, plus legal and administrative fees. These costs have amounted to nearly £10,000, which the woman has been told she must now pay. Since the estate cannot cover the fees, the company has threatened to sell the house or put a charge on the property.
A professional appointment may be appropriate in certain circumstances, such as where a client has no suitable friends or family members to act, or where the estate is particularly complex for example, however, it should always be discussed with the client, with the fees for such a service explained clearly.
The will writing industry in England and Wales remains unregulated, which leaves consumers vulnerable. Legal experts and former officials have condemned the practice of appointing professional executors by default without a proper explanation of their fees. The Competition and Markets Authority (CMA) has recently investigated similar practices for unfair consumer treatment.
The Competition and Markets Authority (CMA) launched an investigation into unregulated legal services, including will writing, over potential breaches of consumer law. Concluding its investigation last year, the regulator wrote to multiple providers. They identified several unfair practices during their investigation. These included placing an unfair limit on how much compensation the will writer had to pay if something went wrong due to a badly drafted will, and pressuring the testator to sign up to other services such as will storage.
The Society of Trust and Estate Practitioners (STEP) has called for will writing to be regulated, along with the trade body, the Law Society. Proper regulation will ensure that will-makers are held to a standard that gives people peace of mind.
Despite the emotional and financial toll on the woman, the company in question maintains it has acted lawfully. The case has renewed calls for government regulation of will writing services.
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Bereaved widow hit with £10k bill and hefty legal fees after partner was caught out by small print
https://www.telegraph.co.uk/money/wills/partner-bought-cheap-will-lose-house/