In Scotland, both solicitors and will writers offer services to help with drafting a will, but there are significant differences between them. Using a solicitor to create your will provides notable advantages in terms of legal knowledge, regulatory protection, and the ability to handle complex estates. 

While many people opt for their solicitor to write their will, the market is wide. For many years, stationers have offered printed blank forms, where you can buy the paperwork and fill it in. Online will products have also emerged, although these are often not much more than a digital version of the old pro forma wills. 

But there are also will writers who, as the job title suggests, sell their services to the public helping with the drafting of wills. A common misconception is to assume someone needs to be a qualified lawyer to write a will. It is actually an unregulated matter – the legislation giving Scottish solicitors sole rights to act does not include testamentary services. So, why should you opt for using a solicitor ahead of a will writer?

Legal knowledge and expertise

One of the most compelling reasons to use a solicitor over a will writer is the level of legal expertise they bring. After all, solicitors are fully qualified legal professionals with extensive training in Scottish law, including inheritance and probate laws.

In Scotland, unique aspects of inheritance law, such as legal rights (a portion of an estate that certain family members are legally entitled to claim), can complicate even seemingly simple estates. Scottish law requires that part of the estate, known as the moveable estate (money, shares, and other non-property assets), be reserved for children and spouses, even if they are not mentioned in the will. A solicitor is well-equipped to draft a will that acknowledges and incorporates these legal nuances, minimising the risk of future challenges.

Will writers, on the other hand, typically lack formal legal training. Although they can create basic wills, they may not have the knowledge required to handle more complex cases, such as those involving business assets, foreign property, or blended families. 

By hiring a solicitor, you can rest assured your will is legally sound and aligns with Scottish inheritance laws.

Regulatory protection and accountability

Another benefit of using a solicitor over a will writer is regulatory protection. Scottish solicitors are regulated by the Law Society of Scotland, which sets stringent standards for professional conduct, competency, and ethics. This regulation provides a layer of accountability that will writers typically lack.

Should a solicitor make an error in drafting a will, they have professional indemnity insurance, which can financially protect clients and their beneficiaries. If a complaint arises, clients can turn to the Law Society of Scotland or the Scottish Legal Complaints Commission, ensuring that there is an established process for resolving issues. 

Will writers, on the other hand, are not regulated in the same way. They should all have professional indemnity insurance and some will be members of professional organisations, these bodies do not offer the same level of consumer protection - and clients have fewer avenues for redress if things go wrong.

In addition, a solicitor’s regulatory oversight helps them stay updated on any changes in legislation and best practices in will drafting, so your will remains compliant with Scottish laws as they evolve.

The death of a loved one is a stressful time, so it’s important to get will writing right the first time. Taking the time to draft a will properly from the start reduces the risks of misunderstandings or challenges, while providing peace of mind for both you and your family.

Ability to handle complex estates

Complex estates often involve multiple assets, international property, business ownership, or significant investments. Solicitors have the skills and knowledge required to address these complexities and can provide individuals with guidance on issues such as:

• Tax planning: Scottish solicitors can advise on inheritance tax implications and suggest ways to structure your estate to minimise tax liabilities for your beneficiaries.
• Trusts and guardianship: Setting up trusts for children, individuals with disabilities, or other dependents requires legal precision. Solicitors are trained to establish and manage these effectively.
• Asset protection: If you own a business, property portfolio, or other high-value assets, a solicitor can help you structure your will to protect them accordingly - and see to it they are passed on as intended.

Will writers may be suitable for drafting simple wills, but can lack expertise when addressing more complex estates, potentially putting assets and beneficiaries at risk.

Personalised, comprehensive service

The high level of personalised service solicitors provide goes beyond simple will drafting. Many solicitors offer estate planning services taking all aspects of an individual’s financial and personal situation into account. This holistic approach can be especially valuable if you need guidance on other legal matters, such as appointing a Power of Attorney, making lifetime gifts, or planning for long-term care.

Furthermore, many solicitors offer ongoing support for updating your will as circumstances change. Life events such as marriage, divorce, or the birth of a child can affect your wishes and result in your will being updated. Having a solicitor who understands your situation and has access to your records makes it easier to keep your estate plan current and legally compliant.

So, while both will writers and solicitors can assist with creating a will, the advantages of working with a solicitor in Scotland are considerable. Using a solicitor can save time, expense and heartache for your loved ones in the future. When it comes to safeguarding your legacy, consulting a solicitor for a professionally crafted will is well worth the added protection and peace of mind.