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The Law Society and Will Writing: What You Need to Know

· 20 min

Karen, 42, from Leeds, started researching will writing services after her father's sudden death left her mother facing probate complications. She'd seen adverts for £50 will writers, £99 online services, and solicitors charging £750+. When she noticed some solicitors displayed "Law Society WIQS Accredited" badges, she wondered what this meant and whether she needed it.

With an estimated 180,000 wills written annually by completely unregulated providers—and 40% of UK adults mistakenly believing all will services are regulated—Karen's confusion is entirely justified.

The will writing landscape is genuinely bewildering. Most people assume any service offering to write wills must be qualified and regulated. The reality is more complex: the Law Society sets standards for solicitors but doesn't regulate anyone, the SRA regulates solicitors but not will writers, and thousands of unregulated providers operate with no oversight whatsoever.

This guide explains exactly what the Law Society does (and doesn't do), what WIQS accreditation means, how it differs from SRA regulation, and how to choose between solicitors, online services, and unregulated will writers based on your specific needs and estate complexity.

Table of Contents

What Is the Law Society and What Does It Do?

The Law Society is the professional body representing solicitors in England and Wales. It provides guidance, training, support, and voluntary accreditation schemes—but it does NOT regulate solicitors.

This distinction confuses many people.

Think of the Law Society like the British Medical Association for doctors—it represents the profession and sets aspirational standards, but the General Medical Council (like the SRA) actually regulates practitioners.

Founded in 1825, the Law Society originally held regulatory powers. Following the Clementi review, these transferred to the SRA in 2007 to create independent regulation separate from professional representation.

Today, the Law Society represents approximately 200,000 solicitors and legal professionals. It's a voluntary membership organisation supporting solicitors' professional development.

For will writing specifically, the Law Society:

  • Creates the Wills and Inheritance Protocol setting best-practice standards
  • Administers WIQS accreditation for firms meeting enhanced quality criteria
  • Publishes guidance and training resources
  • Maintains the "Find a Solicitor" directory helping consumers locate qualified professionals
  • Lobbies government on behalf of the profession

According to a Legal Futures report, SRA chair Anna Bradley noted that solicitors "don't always appreciate the difference" between the Law Society (representative body) and the SRA (regulator). If legal professionals find this confusing, consumers certainly will.

Understanding this distinction matters when choosing who should write your will—and knowing where to turn if something goes wrong.

Understanding WIQS: The Wills and Inheritance Quality Scheme

WIQS (Wills and Inheritance Quality Scheme) is the Law Society's voluntary quality mark showing a solicitor firm meets best-practice standards for will writing and estate administration.

What makes WIQS different from basic SRA regulation?

Accredited firms must comply with the 83-page Wills and Inheritance Protocol, which sets "preferred practice" for will drafting, probate, and estate administration. This goes beyond the mandatory SRA requirements all solicitors must meet.

The Protocol requires:

  • Detailed attendance notes of all client meetings and communications
  • Agreed timescales and service levels communicated upfront
  • Clear cost information before work begins
  • Specific procedures for assessing testamentary capacity
  • Enhanced client care standards throughout the process
  • Proper file retention and document management systems

WIQS membership lasts 12 months and requires annual re-accreditation, demonstrating ongoing commitment to quality standards.

Emma, searching for a solicitor in Manchester, found two firms: one WIQS-accredited charging £725, one non-accredited charging £595. The WIQS firm committed to the Protocol's standards including agreed timescales, detailed notes, and specific service levels—worth £130 extra for her complex blended family situation.

But what does WIQS NOT mean?

It's not a legal requirement. Non-WIQS solicitors can still be excellent. It doesn't guarantee perfection or prevent all errors. It's a quality indicator, not an insurance policy.

Here's how WIQS requirements compare to other options:

Feature WIQS Solicitor Non-WIQS Solicitor Unregulated Will Writer
SRA Regulation Yes Yes No
Professional Indemnity Insurance Required Required Optional
Protocol Compliance Required Not required N/A
Annual Re-accreditation Yes No N/A
Typical Cost £650-900+ £500-800+ £50-300
Complaints Process Legal Ombudsman Legal Ombudsman Limited/None

For straightforward estates, WIQS accreditation may be unnecessary. For complex situations—blended families, significant assets, tax planning—the enhanced standards provide valuable peace of mind.

The Law Society vs. The SRA: Understanding the Regulatory Landscape

The confusion between the Law Society and the SRA causes real problems for consumers. When something goes wrong, people often complain to the wrong organisation.

Here's the crucial distinction: The SRA regulates and enforces. The Law Society represents and supports. They are separate organisations with different functions.

Pre-2007, the Law Society held regulatory powers. Following the Clementi review of legal services, the SRA became an independent regulatory arm to separate regulation from professional representation.

David discovered his solicitor made errors in his will that would have sent his estate to his ex-husband. He initially contacted the Law Society to complain. They redirected him to the SRA, the actual regulatory body with enforcement powers.

The Law Society can't investigate or discipline solicitors—only the SRA can.

Anna Bradley, SRA chair, noted that delegates at an SRA conference called on the regulator to help with matters "more appropriate for the Law Society"—demonstrating the ongoing confusion even among legal professionals.

Here's who does what:

Law Society:

  • Representative body for solicitors
  • Voluntary membership organisation
  • Creates standards and protocols (best practice)
  • Runs accreditation schemes like WIQS
  • No enforcement power
  • Lobbies government and supports profession

SRA:

  • Independent regulatory body
  • Mandatory for practicing solicitors
  • Enforces mandatory rules in the Code of Conduct
  • Investigates complaints and breaches
  • Can suspend or strike off solicitors
  • Requires professional indemnity insurance

For will writing specifically:

The SRA publishes "Drafting and Preparation of Wills" guidance setting mandatory professional obligations. This includes requirements around competence, client care, and avoiding conflicts of interest.

The Law Society creates the Wills and Inheritance Protocol providing detailed best-practice procedures. Compliance is voluntary unless you seek WIQS accreditation.

When you have a problem with a solicitor's will work, you complain to the firm first. If unresolved, you escalate to the Legal Ombudsman (0300 555 0333). If you believe there's professional misconduct, you report to the SRA (0370 606 2555).

The Law Society isn't part of the complaints process—it's the professional body representing solicitors, not the regulator holding them accountable.

The Wills and Inheritance Protocol: What It Actually Requires

The Law Society Wills and Inheritance Protocol is an 83-page document setting "preferred practice" for will drafting, probate, and estate administration.

Why does this matter to you?

The Protocol raises standards above basic SRA requirements. It provides specific procedures rather than general principles. It improves transparency and sets clear client expectations.

Key requirements include:

Client identity verification: Comprehensive procedures to confirm who you're dealing with and prevent fraud

Capacity assessment: Specific guidance on assessing and documenting testamentary capacity, particularly for elderly or vulnerable clients

Conflict of interest checks: Detailed procedures to identify potential conflicts before accepting instructions

Attendance notes: Comprehensive records of all meetings, phone calls, and instructions—not just final documents

File retention: Clear requirements for how long wills and related documents must be stored

Communication standards: Agreed timescales, regular updates, clear cost information before work begins

Linda's will was disputed after her death. Her son claimed she lacked testamentary capacity despite being diagnosed with early dementia. Her solicitor's comprehensive attendance notes—required by the Protocol—proved she understood her decisions and the implications. The notes included specific details of their conversations about her estate, demonstrating her capacity at the time.

Without Protocol-compliant notes, the will might have been invalidated.

The Protocol also references the STEP Code for Will Preparation, showing how different professional bodies' standards complement each other for comprehensive quality.

What about non-WIQS solicitors?

They must follow SRA guidance on will drafting, which is less prescriptive than the Protocol. The SRA Code of Conduct sets general professional standards. The SRA's will writing guidance highlights areas of concern but doesn't mandate specific procedures like the Protocol does.

Both approaches produce legally valid wills when done properly. The Protocol simply adds an extra layer of standardised procedures and documentation.

For complex estates where detailed records may become crucial—potential disputes, vulnerable beneficiaries, complicated tax planning—Protocol compliance provides valuable protection.

The Unregulated Will Writing Industry: What the Law Society Can't Control

Here's the shocking reality: an estimated 180,000 wills are written each year by unregulated providers with no professional oversight, no mandatory qualifications, and no required insurance.

The Law Society can't do anything about this. WIQS accreditation and the Wills and Inheritance Protocol only apply to solicitors choosing to participate. The vast unregulated sector operates completely outside this framework.

According to the House of Commons Library, "In England and Wales, the law lets anyone write wills. There is no sector-specific regulation that covers will writing and no one is legally prevented from offering will writing."

A STEP survey found that 40% of UK adults mistakenly believe all will writing services are regulated. This dangerous misconception leaves consumers vulnerable.

The scale is staggering. The wills, trusts, and probate market is worth £2 billion, with approximately 208,000 unregulated firms operating across England and Wales.

James, 56, used a £75 will writer he found online. The will wasn't witnessed properly, used unclear language about his property, and appointed an executor without their consent. When James died, his family faced £4,500 in legal fees to rectify the errors—60 times the original saving.

Consumer behaviour compounds the problem. STEP's research shows that 22% of people who made a will bought a low-cost will online, but only 3% checked whether the online will writer was qualified.

The Competition and Markets Authority launched an investigation in July 2023 into unregulated will writing, identifying concerns including:

  • Misleading advertising about qualifications and regulation status
  • Unfair contract terms and hidden fees
  • Pressure selling and aggressive upselling tactics
  • Inappropriate relationships with companies they recommend
  • Coercion of vulnerable customers

STEP members reported alarming findings:

  • 79% had encountered wills with errors written by unqualified providers
  • 22% found will writers claiming to be regulated when they were not
  • 42% discovered inappropriate relationships between will writers and companies they recommended to clients
  • 63% encountered cases where quoted fees didn't include significant additional costs

Some unregulated providers join voluntary bodies like the Society of Will Writers or Institute of Professional Willwriters. These organisations set standards and offer complaints procedures, but they have no statutory powers. Membership is optional and not all unregulated will writers belong.

Five red flags of unregulated will writers:

  1. Claiming regulation they don't have: Phrases like "fully regulated" or "legally authorised" when they're not SRA-regulated solicitors
  2. Pressure selling: Creating urgency, offering "today only" discounts, or making you feel you must decide immediately
  3. Self-appointed executors: Appointing themselves or their company as executor without explaining alternatives
  4. Unclear pricing: Vague quotes, hidden fees, or additional charges not mentioned upfront
  5. No insurance details: Unable or unwilling to provide evidence of professional indemnity insurance

The Law Society, SRA, and professional bodies can only regulate their own members. The vast unregulated sector operates in a different world entirely.

How to Find a Law Society Accredited Solicitor

If you decide a Law Society accredited solicitor is right for your needs, finding one is straightforward.

Visit solicitors.lawsociety.org.uk to access the Law Society's free "Find a Solicitor" directory.

Step-by-step process:

  1. Go to Find a Solicitor: Visit the Law Society website and select the directory search tool
  2. Select practice area: Choose "Wills and probate" from the practice areas dropdown
  3. Enter location: Add your postcode or town to find local firms
  4. Filter for WIQS: Look for the WIQS accreditation filter to narrow results to accredited firms
  5. Review firm profiles: Check each firm's details, accreditations, and contact information
  6. Contact multiple firms: Get quotes from at least three firms to compare pricing and services
  7. Ask specific questions: Confirm WIQS status, costs, timescales, and what's included

Every solicitor listed in the directory is SRA-regulated with mandatory professional indemnity insurance. The directory only includes organisations providing legal services regulated by the SRA.

Sarah in Bristol searched for "Wills and probate" solicitors within 10 miles. She found 23 firms, filtered for WIQS accreditation (narrowing to 7 firms), then contacted 3 for quotes ranging from £650 to £825 for mirror wills.

Questions to ask firms:

  • Do you have WIQS accreditation? When does it expire?
  • What's the total cost including VAT for my type of will?
  • What's your typical timescale from first meeting to completed will?
  • What's included in the price? (Will storage, updates, executor services?)
  • How do you assess and document testamentary capacity?
  • What's your process for reviewing the will with me?
  • Do you offer will storage? What are the charges?
  • How much do updates cost if my circumstances change?

What to expect from first contact:

Most firms offer a free initial consultation to understand your situation. They'll ask about your assets, family circumstances, and any special requirements. You'll receive a cost estimate and explanation of their process.

The first meeting helps them assess complexity. Simple estates with straightforward beneficiaries cost less than complex situations involving trusts, tax planning, or business assets.

Alternative options for those on limited budgets:

  • Free Wills Month: March and October, for over-55s, many solicitors write wills free (donations to charity welcomed)
  • Will Aid: November, participating solicitors write basic wills free in exchange for charity donations
  • Citizens Advice: Free guidance on making a will and understanding your options

Using the Law Society directory ensures you're working with an SRA-regulated solicitor. WIQS accreditation adds an extra quality layer for complex situations.

WIQS Solicitor vs. Online Will Services vs. Unregulated Will Writers

Understanding your options helps you make the right choice for your estate and budget.

Here's an honest comparison:

Feature WIQS Solicitor Quality Online Service Unregulated Will Writer
SRA Regulation Yes No No
Professional Standards WIQS Protocol Professional review (varies) Varies widely
Insurance Required Varies by provider Optional
Typical Cost £650-900+ £99-150 £50-300
Timescale 2-4 weeks Immediate 1-2 weeks
Complexity Handled High Low-Medium Low
Legal Advice Full Limited None/Limited
Consumer Recourse Legal Ombudsman Terms & conditions Limited/None
Will Storage Usually offered Digital copy Varies
Updates £150-300+ Varies Varies

Emma, 38, with two children, unmarried partner, and a £280,000 flat, needed to ensure her partner inherited and guardians were appointed. A WIQS solicitor quoted £725 and recommended a cohabitation agreement too (£1,200 total).

WUHLD's £99.99 service let her create a will in 15 minutes, preview it free, and get professional review—suitable for her straightforward need to appoint guardians and leave everything to her partner.

When to use a WIQS-accredited solicitor:

  • Blended families with children from multiple relationships
  • Business ownership requiring business property relief planning
  • Property or assets held abroad
  • Trusts needed for disabled beneficiaries or tax planning
  • Inheritance tax planning for estates over £325,000
  • Vulnerable beneficiaries requiring protective provisions
  • Contentious family situations likely to result in disputes
  • Complicated wishes requiring specialist legal interpretation

When online services work well:

  • Straightforward estates with standard UK assets
  • Clear beneficiaries without complicated family structures
  • Standard wishes like "everything to spouse, then children"
  • You want to appoint guardians and executors
  • No complex tax considerations
  • No trusts or special provisions needed
  • You're comfortable with technology
  • You want cost-effective convenience

When to avoid unregulated will writers:

Nearly always. The risks outweigh any cost savings. With no regulation, no mandatory insurance, and no consistent quality standards, even seemingly simple wills can contain fatal errors.

According to the UK Wills & Probate Consumer Research Report 2025, 41% of UK adults have made a will—a record high. The report shows 55% used qualified solicitors or will writers, while 22% used low-cost online options.

Decision tree: Which option is right for you?

  1. Is your estate worth over £500,000 or do you need tax planning? → WIQS solicitor
  2. Do you have property abroad or business assets? → WIQS solicitor
  3. Blended family or likely disputes? → WIQS solicitor
  4. Straightforward estate with clear beneficiaries? → Online service
  5. Need specialist trusts for disabled beneficiaries? → WIQS solicitor
  6. Standard wishes, UK assets only, under 60? → Online service

For most people under 60 with straightforward estates, quality online services provide everything needed at a fraction of solicitor costs. For complex estates or specialist needs, WIQS-accredited solicitors offer the expertise and protection that justify their fees.

Beyond the Law Society: STEP and Other Professional Bodies

The Law Society and WIQS aren't the only quality indicators. Understanding other professional bodies helps you assess expertise.

STEP (Society of Trust and Estate Practitioners) is the worldwide professional association for practitioners dealing with family inheritance and succession planning. Unlike the Law Society, which represents solicitors only, STEP membership includes solicitors, accountants, financial planners, and trust officers.

Full STEP members are TEPs (Trust and Estate Practitioners) with specialist expertise. They're bound by STEP's Code of Professional Conduct and the Will Code for England and Wales.

Robert's solicitor was both WIQS-accredited and a STEP member (TEP qualified). The combination meant adherence to the Law Society Protocol AND specialist inheritance expertise with STEP Standard Provisions in his will—valuable for his £1.2 million estate with trust provisions.

STEP publishes the Standard Provisions for Wills (3rd edition released 2023)—condensed administration provisions widely used by will drafters to simplify and clarify executor powers.

Why STEP matters:

Many aspects of estate planning operate in the unregulated space. Anyone can write a will regardless of training or expertise. STEP membership demonstrates specialist knowledge and ongoing professional development in trusts and estates.

Law Society vs. STEP comparison:

Feature Law Society STEP
Membership Solicitors only Multi-disciplinary
Geography England & Wales International
Focus General legal practice Trusts & estates only
Will Accreditation WIQS TEP qualification
Standards Wills & Inheritance Protocol Code of Conduct & Will Code

For complex estates involving trusts, tax planning, or international elements, a solicitor with both WIQS accreditation and STEP membership (TEP) offers the highest level of specialist expertise.

For straightforward wills, Law Society membership and SRA regulation provide sufficient quality assurance.

Other voluntary bodies exist for unregulated will writers:

  • Society of Will Writers: Voluntary membership organisation for non-solicitor will writers with code of practice
  • Institute of Professional Willwriters: Similar voluntary body with training and standards

These organisations set standards and offer complaints procedures, but membership is voluntary and they lack statutory powers. They're not equivalent to SRA regulation.

What to Do If Something Goes Wrong

Your recourse when errors occur depends entirely on who wrote your will.

For Law Society member/SRA-regulated solicitors:

  1. Complain to the firm first: All solicitors must have a complaints procedure. Give them opportunity to resolve the issue.

  2. Escalate to Legal Ombudsman if unresolved: Contact the Legal Ombudsman at 0300 555 0333 or legalombudsman.org.uk. They investigate complaints independently.

  3. Report professional misconduct to SRA: If you believe there's misconduct beyond service issues, report to the SRA at 0370 606 2555 or sra.org.uk.

  4. Professional indemnity insurance: All solicitors must carry insurance covering negligence claims.

Time limits apply: Legal Ombudsman complaints must be within 6 years of the issue or 3 years of discovering it.

Margaret discovered her solicitor's will contained errors that would have sent her estate to her ex-husband. She complained to the firm. They corrected it immediately at no cost—professional indemnity insurance covered it. If they'd refused, the Legal Ombudsman would have investigated.

For unregulated will writers:

Recourse is much harder:

  • No automatic regulatory oversight or complaints process
  • Check if they're members of voluntary bodies (Society of Will Writers has complaints procedure)
  • You may need to pursue through small claims court
  • Check if they have insurance (not mandatory)
  • Citizens Advice can provide guidance on options

For online services:

  • Check terms and conditions for guarantees
  • Follow their complaint procedures
  • Verify what professional review or checking they offer
  • Understand what recourse exists if errors occur

Prevention is better than cure:

Before using any service, ask about:

  • Regulation status (SRA-regulated or not?)
  • Professional indemnity insurance (who's covered? what amounts?)
  • Complaints procedures (how do you complain? what's the process?)
  • What happens if errors are discovered after you've paid?

WUHLD provides professional review, clear terms and conditions, preview before paying, and transparent complaint procedures—though as an online service, it doesn't carry the same SRA regulation as solicitors.

Making the Right Choice for Your Will

The regulatory landscape seems complicated because it is. Understanding it empowers you to make informed decisions.

Key takeaways:

  • The Law Society represents solicitors and runs WIQS accreditation, but the SRA is the actual regulator with enforcement powers
  • WIQS accreditation indicates adherence to the 83-page Wills and Inheritance Protocol—valuable for complex estates requiring specialist care
  • An estimated 180,000 wills annually are written by completely unregulated providers with no oversight, insurance, or consistent qualifications—avoid this risky option
  • Use the Law Society's Find a Solicitor service to locate WIQS-accredited solicitors if your estate is complex (blended families, trusts, tax planning needed)
  • For straightforward estates with clear beneficiaries and standard UK assets, quality online services provide legally valid wills at accessible cost

The will writing landscape is genuinely confusing—even legal professionals sometimes mix up the Law Society and SRA. But understanding the regulatory framework empowers you to make the right choice for your family.

Whether that's a WIQS-accredited solicitor for a complex estate or a quality online service for straightforward needs, what matters most is getting it done.

Estate complexity assessment:

Simple estates typically include:

  • Clear beneficiaries (spouse, children, close family)
  • Straightforward UK assets (house, savings, possessions)
  • No business ownership or complex investments
  • No trust requirements
  • No inheritance tax concerns (under £325,000)
  • No property abroad

Complex estates involve:

  • Blended families from multiple relationships
  • Business assets requiring succession planning
  • Significant assets triggering inheritance tax (over £325,000)
  • Trusts needed for disabled beneficiaries or tax planning
  • Property or investments held abroad
  • Contentious family situations likely to result in disputes

Budget reality:

WIQS-accredited solicitors typically charge £650-900+ for straightforward wills. For many families, this is prohibitive despite the quality assurance.

Quality online services like WUHLD offer professionally reviewed wills at £99.99—legally valid, clear guidance, suitable for straightforward estates, with preview before paying.

David, 44, with a wife and two children, a £320,000 house, and standard savings, needed to appoint guardians and ensure his wife inherited. A WIQS solicitor quoted £795 for mirror wills.

WUHLD's £99.99 service let him and his wife create legally valid wills in 30 minutes total, preview free, and get professional review—saving £695 for an identical outcome.

If your estate is straightforward—clear beneficiaries, standard UK assets, no trusts or complex tax planning—WUHLD provides everything you need: a legally valid will in 15 minutes, professional review, and preview before you pay anything.

At £99.99 with no subscriptions or hidden fees, you get:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document

Create your will now and protect the people you love. No credit card required to preview your will free.

Preview Your Will Free – No Payment Required

Legal Disclaimer: This article provides general information about the Law Society's role in will writing and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice. The Law Society is an independent organisation. This article explains its role and services objectively and is not endorsed by the Law Society.

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