In Canada, professional will drafting services are primarily offered by licensed professionals – specifically lawyers and, in British Columbia and Quebec, notaries public. While Canadians can also use a growing number of online platforms to create a will, the provision of professional will drafting services remains, in substance, regulated.
However, this is not the case in all jurisdictions. In some countries, individuals or organizations can offer professional will drafting services despite not belonging to a professional organization, not being required to meet competency standards, and not being subject to regulatory oversight.
Given Canadians’ increasing mobility – whether for international work, travelling, or maintaining property abroad – it is important to recognize that not all will drafting service providers outside of Canada are professionally qualified or regulated. Even among Commonwealth jurisdictions, the legal framework governing professional will preparation can differ significantly.
A Case Study: Professional Will Preparation in the UK
The law in the United Kingdom serves as a useful illustration. Will drafting does not fall within the category of “reserved legal activities” that only solicitors and barristers can perform in the UK. As a result, arguably anyone may lawfully offer will drafting services to the public, regardless of their training, qualifications, or experience – professional licensing is not required.
Yet many professional will writers who are not solicitors or barristers choose to comply with professional standards, notwithstanding the absence of formal regulation. Two prominent professional organisations – the Society of Will Writers, and the Institute of Professional Willwriters – for example, have established standards around competence, insurance and accountability for their members.
The Society of Will Writers
Founded in 1994, the Society of Will Writers (SWW) is one of the UK’s largest will writing organisations, with over 1,700 active members. To join, a will writer must demonstrate legal competence, hold at least £2 million in professional indemnity insurance, complete 24 hours of continuing professional development (CPD) each year, and adhere to the SWW’s Code of Practice. Members are also subject to compliance monitoring and a formal complaints process.
The SWW website also maintains a publicly accessible member directory, making it easy to verify whether a will writer is affiliated with the organization.
The Institute of Professional Willwriters
The Institute of Professional Willwriters (IPW), established in 1991, appears to impose even more rigorous requirements on its members. It is the only will writing membership body in the UK whose Code of Practice has been approved by the Chartered Trading Standards Institute (CTSI), providing it with an additional measure of consumer protection.
IPW members must pass a formal entrance exam covering wills, powers of attorney, and estate planning. They are also required to maintain at least £2 million in professional indemnity insurance, complete 16 hours of CPD annually, comply with their Code of Practice, and undergo regular compliance monitoring. A transparent complaints and dispute resolution process is also mandatory.
Like the SWW, membership in the IPW can be verified using the public search tool on the organization’s website.
Unregulated Will Drafting in the UK Unlikely to Change
Even though will preparation is not professionally regulated in the UK, there appears to be a widespread misconception on this point. According to the UK Wills & Probate Consumer Research Report 2025, approximately 40% of adults in the UK believe that will writing services are regulated, even though this is not the case. In reality, there is no requirement for will writers to be members of organizations like the SWW or IPW.
This means that professional will writers may operate without meeting minimum training standards, without satisfying mandatory insurance requirements, and without being subject to oversight or a formal complaints process. This lack of mandatory regulation, combined with consumers’ misconceptions, raises legitimate consumer protection concerns.
While the lack of regulation around will writing has been scrutinized relatively recently, reform has not followed. For example, in 2013, the Legal Services Board recommended that will writing be designated a reserved legal activity. Despite recognizing the potential risk to consumers, the Lord Chancellor declined to act, suggesting that other alternatives could be explored without imposing additional regulatory costs.
Similarly, in 2016, the Competition and Markets Authority also identified concerns regarding “a small rogue element” within the will writing market. While acknowledging that regulatory intervention could be warranted, such as minimum training and entry requirements, it ultimately concluded that more evidence was needed before action could be taken.
The Bottom Line
When a will is prepared outside of Canada, it is important to recognize that not all professional will drafters may be subject to professional regulation or oversight. While this may not raise immediate concerns when a will is created, the consequences can be significant if issues arise later – particularly in the context of a negligence claims.
For clients with international ties, due diligence is imperative. Confirming whether a will drafter is affiliated with a recognized professional body, adheres to established standards, and maintains appropriate insurance coverage can be critical to mitigating future risk.
Thank you for reading, and have a great day!