The Competition and Markets Authority (CMA) is launching a review of Will writing and other digital services such as probate and online divorces over concerns that not all are complying with consumer protection law.
When it comes to legal services, customers now have many alternatives to the conventional law firms on the high street, especially for services where the adviser does not need to be a solicitor.
Alternative providers very often offer services that are innovative and convenient for consumers, and that can be cheaper too. But where they are unregulated, it becomes all the more important that normal consumer protection laws are complied with and, if necessary, enforced.
Initial research by the CMA has identified three main areas of concern involving potential risk to customers and possible breaches of consumer protection law:
Will-writing – anyone can legally write a will and, although many are drafted by regulated lawyers, will-writing itself is not a regulated service.
Concerns include that consumers being misled by advertising which offers an extremely low initial fee for advice but does not indicate that final costs can increase significantly
the use of potentially unfair contract terms, such as exclusions of liability, failure to provide cancellation rights, and terms which automatically appoint the firm as executor (often for a fee)
There are also reports of pressure selling and coercion of vulnerable customers.
Sarah Cardell, Chief Executive of the CMA, said:
These services are essential to people, often at the most challenging times in their lives. The CMA is aware that rising living costs mean people are watching their spending, so shopping around for a more affordable option is attractive and sometimes a necessity.
These may not be frequent purchases, but they are life-changing. That’s why it’s so important that we investigate so that people can select the right legal service for them – for divorce or probate or will-writing – with confidence. It’s essential that firms get the basics right, including complying with general consumer law which applies to all traders. Customers must get a fair deal.
