Free and low-cost unregulated online Will writing services have always existed and, with the rise of social media and internet usage, are becoming increasingly widespread. We know that it can be tempting to make a Will from the comfort of your own home and for someone with very straightforward circumstances, an online Will may appear to offer a quick and inexpensive solution. 

However, your Will is one of the most important documents you will make in your lifetime and the choice of who advises you, prepares the document and helps you execute it is a significant one. In fact, the government’s Competition and Markets Authority (CMA) has provided a guide to help you with just that.  

Is an online Will legally valid? 

An online Will can be legally valid. However, it must satisfy the same legal requirements as any other Will. In England and Wales, this includes being in writing, signed by the person making the Will and witnessed by two people who are both present at the same time. Failure to follow the required formalities can result in the Will being invalid. The level of expertise and advice you receive will differ depending on your choice of Will writer. 

The problem with a “one size fits all” Will 

Online services generally rely on standardised questions and templates. They may therefore fail to identify issues which require individual consideration. 

Professional advice can be particularly important where there are children from previous relationships, unmarried partners, pensions, business interests, overseas assets, trusts, vulnerable beneficiaries or potential Inheritance Tax considerations. A Will that does not properly address these circumstances may produce unintended consequences or leave parts of an estate passing in a way the individual did not want. 

What about disputes and hidden costs? 

Unclear wording or an incorrectly executed Will may only be discovered after death, when resolving the problem can be costly and distressing for the family. There can also be additional issues with some providers, including the appointment of the provider as executor, storage charges or other fees connected with administering the estate. 

There is also a question of regulation and protection. Not every Will writing company is regulated in the same way as a solicitor, and levels of insurance and professional oversight can differ.