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Professional indemnity explained
Professional indemnity insurance for will writers is cover for claims that a will, lasting power of attorney or related advice was negligently prepared and caused financial loss. It matters because errors usually surface after death, often years later.
Part of: Professional indemnity insurance
In short
Will writing is not a reserved legal activity in England and Wales, so no statute requires unregulated will writers to hold PI. However, members of the Institute of Professional Willwriters, whose code is approved under the Trading Standards scheme, and the Society of Will Writers must hold at least £2m of PI. Claims often come from disappointed beneficiaries after death, typically over execution errors under section 9 of the Wills Act 1837, missed assets or delay. Protect your retroactive date and plan run-off before you retire.
In England and Wales there is no statute that makes PI compulsory for every will writer. Preparing a will is not one of the reserved legal activities listed in section 12 of the Legal Services Act 2007, so anyone can offer it without being authorised. In practice, though, most professional will writers carry PI, because the two main trade bodies require it and because will errors tend to surface years later, after the client has died, when the loss falls on family members who were meant to inherit.
If you are a solicitor or work in a regulated firm, your regulator sets the PI rules instead; see SRA minimum terms and CILEx Regulation PI requirements. The product page for independent firms is will writers and estate planners insurance.
| Route | Who sets the rules | PI position |
|---|---|---|
| Solicitor or SRA-regulated firm | Solicitors Regulation Authority | Compulsory, on SRA minimum terms |
| CILEX practitioner or entity | CILEx Regulation | Compulsory under its rules |
| Institute of Professional Willwriters member | IPW Consumer Code, approved under the Trading Standards Consumer Codes Approval Scheme | Members must show at least £2m PI and £1m public liability, per the CTSI audit report |
| Society of Will Writers member | SWW Code of Practice | Clause 2.12: PI with an approved insurer to a limit of at least £2m |
| Unaffiliated will writer | General consumer law only | No specific requirement, but full personal and business exposure to claims |
The CTSI audit report on the IPW confirms the Institute continues to fulfil its obligations as a code sponsor, that new members must provide proof of this cover, and that membership is renewed annually by self-declaration with supporting evidence. The SWW Code of Practice also says members should only offer services for which they hold PI, and states that the Society is not an approved regulator under the Legal Services Act 2007.
Probate is different. Preparing the papers on which a grant of probate is founded, for a fee, is a reserved probate activity under the same section 12. Unregulated firms that offer probate services usually work with an authorised person for that step, and PI wordings often treat estate administration as a separate activity to declare.
Three features make will writing a long-tail PI risk.
There is also a volume risk. Will writing is often template-driven, so one flawed clause or one misunderstood procedure can be repeated across hundreds of wills before anyone notices. Whether those claims are treated as one claim or many depends on the aggregation wording in your policy, which can make a large difference to both the limit and the number of excesses you pay. Ask your broker how your wording would treat a repeated drafting error before you need to know.
Lasting powers of attorney add a different timing profile. Errors tend to show up sooner, often at registration or when the attorney first tries to act, but the cost of putting things right can rise quickly if the donor has lost capacity in the meantime. Will storage is a third strand: losing an original will can force the family to prove a copy, with costs that may be claimed back from the firm that held it.
These labelled examples show typical patterns. They are not real cases.
A home visit is rushed. One witness signs after the other has left the room. After the testator's death the will is challenged as not properly executed, an earlier will or intestacy applies, and the intended beneficiaries claim their lost inheritance from the will writer.
A family member who is named as a beneficiary witnesses the will. A gift to an attesting witness, or their spouse or civil partner, usually fails, and the disappointed relative brings a claim.
The client wanted their share of the home to go to children from a first marriage, but the property was held as joint tenants and nobody advised on severance. The share passed by survivorship to the second spouse. The children allege negligent advice.
An LPA is prepared with an error that leads to rejection at registration. By the time it is corrected the donor has lost capacity, and the family incur costs applying to the Court of Protection. See lasting powers of attorney.
A client gives instructions for a new will while seriously ill. The draft is not turned round quickly and the client dies before signing. Claims for delay are a recognised risk and PI would usually respond, subject to terms.
Apex arranges PI for will writers and estate planners; a broker reads every enquiry.
Not by statute for unregulated will writers in England and Wales, because will writing is not a reserved legal activity. Members of the Institute of Professional Willwriters and the Society of Will Writers must hold at least £2m of PI under their codes, and solicitors and CILEX practitioners must hold PI under their regulators' rules.
Both main trade body codes set a minimum of £2m. That is a floor, not a recommendation. Consider the value of the estates you handle, whether you advise on trusts or tax, and how many wills could be affected by a single systemic error, such as a template fault, when choosing a limit.
Yes, in principle. Courts have accepted that a will drafter can owe a duty of care to an intended beneficiary who loses out through negligence, as in White v Jones. PI for will writers is usually designed to respond to such claims, subject to the policy terms, so check how the wording treats third-party claimants.
It can, if LPAs are declared as part of your business description. Many will writing PI policies include LPAs, trusts and related estate planning work, but some treat estate administration or tax planning as separate activities. Check that every service on your website appears on your proposal form and in the policy schedule.
Usually yes. PI is normally written on a claims made basis, so claims made after your policy ends are not covered unless you buy run-off. Because will errors often surface only after the client dies, the gap between the work and the claim can be many years.
Tell us what your business does, your turnover and any claims. A broker reads every enquiry and comes back with options. No fee for a quote. Or call 0117 325 0027.
Get a PI quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.
