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Can You Do Estate Planning Without Being a Solicitor?

Understanding the legal position of non-solicitor estate planners in the UK. What you can do, what requires referral, and how the industry works.

By Alex Stansbury, Founder
•
15 min read
•Updated January 2026

The Legal Position

Yes, you can provide estate planning services without being a solicitor.

Will writing is NOT a reserved legal activity in the UK.

What are reserved legal activities?

The Legal Services Act 2007 reserves certain activities to regulated professionals:

  • •Conducting litigation
  • •Rights of audience in court
  • •Probate activities (grant applications)
  • •Notarial activities
  • •Administering oaths

Will writing is NOT on this list.

This means anyone can legally:

  • •Write wills for payment
  • •Prepare Lasting Powers of Attorney
  • •Provide estate planning advice
  • •Set up trusts (with limitations)
  • •Charge for these services

Important caveat: While legal, providing poor service can lead to negligence claims. Professional training and insurance are essential despite no legal requirement.

What Non-Solicitor Estate Planners Can Do

Full scope of practice:

Will writing:

  • •Draft simple and complex wills
  • •Include trusts within wills
  • •Advise on executors and guardians
  • •Discuss inheritance tax planning
  • •Prepare mirror wills for couples
  • •Update and amend existing wills

Lasting Powers of Attorney:

  • •Property and Financial Affairs LPAs
  • •Health and Welfare LPAs
  • •Guide clients through decisions
  • •Register with Office of Public Guardian
  • •Advise on attorney selection

Estate planning advice:

  • •Inheritance tax mitigation strategies
  • •Gift planning
  • •Business succession discussions
  • •Asset protection concepts
  • •Family provision considerations

Trust work (with limits):

  • •Explain trust options
  • •Simple discretionary trusts in wills
  • •Life interest trusts
  • •Bare trusts for minors
  • •Refer complex trusts to specialists

See How to Become a Will Writer for career guidance.

What Requires Referral to Solicitors

Know your boundaries:

Probate services:

  • •Applying for grants of probate/letters of administration
  • •Estate administration
  • •Solution: Refer to probate specialists or licensed providers

Court work:

  • •Contentious probate matters
  • •Will disputes
  • •Claims against estates
  • •Solution: Refer to litigation solicitors

Complex tax situations:

  • •International tax issues
  • •Business asset disposal
  • •Capital gains tax planning
  • •Solution: Refer to specialist tax advisers

Property transactions:

  • •Transferring property
  • •Conveyancing
  • •Solution: Refer to conveyancing solicitors

Complex trusts:

  • •Offshore trusts
  • •Complex tax planning trusts
  • •Existing trust variations
  • •Solution: Refer to trust specialists

Vulnerable client situations:

  • •Disputed capacity
  • •Family pressure concerns
  • •Potential undue influence
  • •Solution: Additional safeguards, possible referral

Building referral relationships:

Professional estate planners develop networks for referrals. This benefits clients and builds professional reputation.

Professional Standards Without Regulation

Self-regulation and professional bodies:

Because will writing isn't regulated by law, self-regulation matters more.

Professional bodies to consider:

Institute of Professional Willwriters (IPW):

  • •Code of practice
  • •Complaints procedure
  • •Training standards
  • •Annual membership
  • •Client protection

Society of Will Writers (SWW):

  • •Similar protections
  • •Training requirements
  • •Ongoing CPD
  • •Public register

Chartered Institute of Legal Executives (CILEX):

  • •For those wanting legal qualifications
  • •Regulated pathway
  • •Higher status
  • •More extensive training

Why join professional bodies:

  • •Client confidence
  • •Complaints process
  • •Networking opportunities
  • •CPD structure
  • •Industry voice

Professional indemnity insurance:

Absolutely essential. Without it:

  • •Personal liability for errors
  • •No protection for clients
  • •Reputational risk
  • •Minimum £2 million cover recommended

See Estate Planner Insurance Requirements for details.

How Solicitors and Estate Planners Differ

Solicitor route:

Training:

  • •Law degree (3 years) OR conversion (1 year)
  • •LPC (Legal Practice Course)
  • •Training contract (2 years)
  • •Total: 6+ years

Regulation:

  • •SRA regulated
  • •Strict conduct rules
  • •Mandatory insurance
  • •Complaints to Legal Ombudsman

Scope:

  • •Full legal services
  • •Reserved activities
  • •Higher authority
  • •Broader practice areas

Costs:

  • •Higher fees to clients
  • •Higher overheads
  • •Partnership buy-in expectations

Estate planner route:

Training:

  • •Professional training course
  • •8-12 weeks
  • •Total: 2-3 months

Regulation:

  • •No mandatory regulation
  • •Self-imposed standards
  • •Professional body membership (voluntary)
  • •Insurance (self-arranged)

Scope:

  • •Estate planning focus
  • •No reserved activities
  • •Referral relationships for complex matters
  • •Specialist expertise

Costs:

  • •Lower fees to clients
  • •Lower overheads
  • •Flexible business models

Client perspective:

Many clients prefer specialist estate planners for:

  • •Lower cost
  • •More accessible
  • •Estate planning focus
  • •More time with practitioner
  • •Often better at explaining

The Future of Regulation

Will the industry be regulated?

Debate has continued for years. Calls for regulation often follow high-profile failures.

Arguments for regulation:

  • •Consumer protection
  • •Minimum standards
  • •Complaints process
  • •Practitioner accountability

Arguments against regulation:

  • •Increased costs to consumers
  • •Barriers to entry
  • •Self-regulation working adequately
  • •Market forces ensure quality

Current status:

No immediate legislation planned. Industry self-regulation continues. Professional bodies growing stronger.

What this means for new entrants:

  • •Join professional bodies now
  • •Maintain high standards
  • •Be prepared for possible future regulation
  • •Professional conduct protects you regardless

Practical advice:

Operate as if regulated. This means:

  • •Proper training
  • •Professional insurance
  • •Complaints procedure
  • •Ongoing CPD
  • •Ethical conduct

Those who maintain high standards welcome regulation—it would benefit them by excluding poor practitioners.

Building Credibility Without Legal Qualification

How to establish professional credibility:

Training and certification:

  • •Complete comprehensive training
  • •Gain certifications offered
  • •Display credentials appropriately
  • •Continue professional development

Professional memberships:

  • •IPW membership
  • •SWW membership
  • •Or both
  • •Display membership numbers

Insurance and protection:

  • •Professional indemnity insurance
  • •Client money protection (if holding funds)
  • •Cyber insurance

Client communication:

  • •Clear about your status
  • •Explain what you can/can't do
  • •Referral process for complex matters
  • •Transparent fee structure

Physical presence:

  • •Professional appearance
  • •Quality materials
  • •Organised approach
  • •Prompt communication

Testimonials and reviews:

  • •Collect client feedback
  • •Display testimonials
  • •Google reviews
  • •Professional references

Content and expertise:

  • •Demonstrate knowledge
  • •Helpful resources
  • •Clear communication
  • •Ongoing education

Resources:

Key Takeaways

  • Will writing is NOT a reserved legal activity—no solicitor qualification required
  • Non-solicitor estate planners can write wills, prepare LPAs, and provide advice
  • Some activities (probate, litigation) require referral to solicitors
  • Professional body membership provides credibility and client protection
  • Professional indemnity insurance is essential despite no legal requirement
  • Operating to professional standards protects you and your clients

Frequently Asked Questions

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