Will writer or solicitor: an honest comparison

We are a will writer, so you might expect us to tell you that will writers are always the answer. We would rather give you the fair version, because it is more useful and, frankly, it is how we would want to be treated.

Sometimes the honest answer is that you should see a solicitor. This guide tells you when.

Both produce a legally valid will

Start here, because it is the point most people are unsure about.

A will is valid in England and Wales if it meets the requirements of the Wills Act 1837: it is in writing, signed by you with the intention of giving effect to it, and your signature is made or acknowledged in the presence of two witnesses who are present at the same time and who then sign in your presence.

Nothing in that list mentions a solicitor. A will drafted by a professional will writer, properly executed, is exactly as valid as one drafted by a solicitor. It is not a lesser document and probate does not treat it differently.

What "not a reserved legal activity" means

Writing a will is not a reserved legal activity under the Legal Services Act 2007. In plain terms, the law does not restrict who may do it, in the way it restricts who may conduct litigation or carry out property conveyancing.

That has two consequences, and it is fair to state both.

It means you do not need a solicitor to make a valid will, which keeps costs down and widens your choice.

It also means will writing is not regulated in the way that being a solicitor is. There is no equivalent of the Solicitors Regulation Authority sitting behind every will writer, and no Legal Ombudsman route in the way there is with a regulated firm. For completeness: we are not a firm of solicitors and we are not regulated by the SRA.

That is precisely why it matters to choose a will writer who holds professional indemnity insurance and follows a recognised code of practice, such as those operated by the Institute of Professional Willwriters or the Society of Will Writers. Our guide on how to choose a will writer sets out exactly what to check.

Where solicitors have the edge

We would point you to a solicitor in these situations, and we do.

Genuinely complex or high-value estates, particularly where inheritance tax planning is substantial and interacts with other legal work.

Assets abroad. Foreign property brings in another country's succession law, and sometimes forced heirship rules that override what your English will says. That needs coordinated advice.

Business interests, especially where a shareholders' agreement or partnership agreement interacts with what your will says. The two can contradict each other.

A real prospect of a challenge. Estranged family, a disinherited child, a second marriage with competing interests, or any situation where someone is likely to bring a claim. A regulated firm with full litigation backup is the safer home for that.

Questions about capacity. Where there is any doubt about whether the person making the will has capacity, the process needs to be handled with particular care, often with a medical opinion.

Where you also need the surrounding legal work done by the same firm, such as a property transfer or a court application.

Where will writers have the edge

Specialism. Wills and estate planning are what we do, all day. A general high street practice covers conveyancing, family, employment and more. Focus counts for something.

Price. Because our overheads and our scope are narrower, fixed fees are usually lower. Ours start at £195 for a single will and £350 for mirror wills, including VAT.

Time and plain English. We can give an hour to explaining options without watching a clock, and we are used to explaining this to people who have never thought about it before.

Flexibility. Home visits, evenings and weekends, in your own front room rather than an office appointment during working hours. That matters more than it sounds, particularly for older clients and anyone with mobility difficulties. Our areas page sets out where we visit.

The regulation question, honestly

We think people deserve the unvarnished version of this.

If something goes wrong with a solicitor, there is a defined complaints route through the firm, then the Legal Ombudsman, and the SRA behind that, plus a compensation fund in certain circumstances. That is a meaningful protection and we are not going to pretend otherwise.

With a will writer, your protection comes from the firm's own professional indemnity insurance and from the code of practice of whichever body it belongs to, which will have its own complaints process. That is real protection, but it is not identical, and you should ask about it rather than assume it.

The practical answer is to ask any will writer for their insurance position and their professional membership before you instruct them. If either question gets a vague answer, walk away.

Cost, compared fairly

For a straightforward single will, a will writer will typically be somewhere between £100 and £300, and a solicitor between £200 and £600, though both vary considerably by region and by firm.

For complex work the comparison becomes less meaningful, because you are no longer buying the same thing. Our guide to what a will costs breaks the whole market down, including the free routes.

What to check, whichever you choose

Ask for the fee in writing before work begins. Ask what is included and what costs extra. Ask about professional indemnity insurance. Ask where the will will be stored, what that costs, and what happens to it if the firm closes or merges. Ask what an amendment will cost in five years.

These are the same questions either way. A good solicitor and a good will writer will both answer them without hesitating.

How to decide

If your situation is straightforward or moderately complex, a professional will writer offers excellent value and proper care. If there are real complications, large or international assets, business interests, or a likelihood the will could be challenged, a solicitor is the safer route.

A good will writer will tell you honestly when that is the case, and so will we. If you are not sure which camp your situation falls into, ask us. We will give you a straight answer, even if the answer is that you would be better off with a solicitor for this one.

You can see how we work, check our fixed fees, or get in touch for a free first conversation.

General information, not legal advice.