On 9th October 2024, The Competition and Markets Authority (CMA) published a vital guidance aimed at enhancing transparency, fairness, and consumer trust in unregulated legal services including will writing, online divorce, and pre-paid probate.
As you are aware, will writing or estate planning industry is not regulated by any approved legal regulator such as the Solicitor Regulatory Authority, Law Society of Scotland and Northern Ireland. In the absence of any approved legal regulator, will writing and estate planning businesses follow the code of practice of self-regulatory bodies such as STEP, BEST, SWW, etc. that provide industry standards to ensure compliance with consumer protection laws.
Therefore, this guidance now outlines the responsibilities of unregulated providers (businesses and advisers) under consumer protection law and highlights best practices to safeguard clients and ensure ethical business operations similar to regulated legal services.
Purpose of the CMA Guidance
The guidance serves to:
- Protect consumers: Ensuring they have access to clear and accurate information when purchasing the will writing and other legal services.
- Prevent harm: Addressing unfair practices such as hidden fees, misleading advertising, and unclear terms of service.
- Promote trust: Encouraging compliance to build confidence in unregulated providers.
The CMA emphasizes that unregulated providers play an important role in offering innovative, affordable and accessible options for legal services such as will writing and estate planning, but stresses the need for adherence to high standards to minimize risks to consumers.
Key Points from the Guidance
- Information Transparency
- Businesses and advisers must provide upfront, accurate details about their services, pricing, and terms.
- Consumers should not face hidden costs or be misled by vague descriptions.
- Fair Terms and Conditions
- Contracts must be clear and balanced, avoiding unfair limitations on liability or unexpected charges.
- Competent Service Delivery
- Providers must perform services with reasonable care and skill, backed by appropriate training and professionalism.
- Ethical Sales Practices
- Businesses and advisers should avoid aggressive tactics or misleading claims about qualifications, especially when targeting vulnerable clients.
- Consumer Rights
- Clients must be informed about their rights, including the ability to cancel contracts (right to cancel) made at a distance or off-premises within 14 days (cooling off period).
Our Commitment to Excellence
At The Right Will, we welcome this guidance as a positive step toward enhancing standards across the industry.
For years, we have upheld the principles outlined in the CMA guidance by way of appropriate documentation and records—delivering clear, fair, and trustworthy services to our clients. This guidance provides an excellent opportunity to strengthen our practices further and align more closely with the high standards of regulated providers.
By adhering to these best practices, we reaffirm our dedication to compliance with consumer protection laws and our mission to provide transparent, reliable estate planning services.
For further details, you can explore the CMA’s official publications:
- Consumer Protection Law Guidance for Unregulated Legal Services
- Consumer Guidance – What to Consider When Buying Will Writing Services
If you have any questions about the CMA guidance or our services, feel free to reach us. Let’s work together to ensure your estate planning journey is secure, ethical, and worry-free.
