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The Top 5 Compliance Risks in Will Writing and Estate Planning - and how to mitigate them


Compliance can be seen as a background task, but for estate planners and will writers, it’s the backbone of what you do. Falling short can put client outcomes and the reputation of your business on the line. In an environment where client expectations are high and disputes can escalate - quickly - it's more important than ever to protect yourself through robust compliance and clear documentation.


Here are five common compliance risks in estate planning businesses, along with practical ways to manage them effectively.


1. Inadequate Client Verification, Due Diligence, and AML Supervision


The risk: failing to properly verify a client’s identity or understand their circumstances can breach anti–money laundering (AML) regulations. Falling behind on your AML supervision obligations — such as registration, reporting, or periodic reviews — can compound these failures.


How to mitigate:


  • Stay current with your AML supervisory body’s requirements (e.g. HMRC, CILEx) and renew the required registrations promptly. Look out for updates from the FCA as they look to take over AML supervision for all sectors in the coming years.

  • Follow Know Your Client (KYC) checks for every client and record the steps taken.

  • Use digital ID verification tools, especially where you are taking instructions remotely. Aside from the AML requirements, how do you know who you are writing a will for if you haven't obtained ID and proof of address for the client?

  • Treat due diligence as a living process — the knowledge you acquire throughout your dealings with the client can change the assessment of risk throughout the relationship.


Not sure if you need to register with HMRC for AML supervision? Get our free checklist for Estate Planners, Will Writers and Probate Providers:



2. Poor Record‑Keeping and File Management


The risk: missing or incomplete records make it difficult to evidence compliance, respond to complaints, or defend future claims.


How to mitigate:


  • Create standardised templates for engagement letters, risk assessments, and client notes, or use appropriate software that prompts you and your team to record the reasons for the decisions made by the client.

  • Maintain secure, cloud‑based storage with proper version control.

  • Treat every note as a compliance record — if it’s not documented, it didn’t happen.


3. Conflicts of Interest and Undue Influence


The risk: acting for multiple parties (for example, spouses or family members) can lead to divided loyalties or accusations of influence, especially when you are dealing with elderly or vulnerable clients.


How to mitigate:


  • Where possible, provide separate advisers or appointments.

  • Record discussions in detail and confirm client instructions in writing.


4. Data Protection and Confidentiality Breaches


The risk: client data — wills, personal details, and financial information — is among the most sensitive you’ll handle. Any breach can be catastrophic under GDPR and reputationally damaging.


How to mitigate:


  • Map what personal data you collect and where it’s stored.

  • Restrict access based on role and use encrypted file‑sharing only.

  • Regularly review retention policies and delete data when it’s no longer needed.


5. Out‑of‑Date Policies and Training


The risk: compliance manuals, AML policies, and staff training tend to gather dust. But outdated frameworks are a major risk to your business.


How to mitigate:


  • Schedule reviews of your internal policies and training at least annually.

  • Keep training records for all team members.

  • Monitor regulator updates (e.g. HMRC, ICO) and integrate changes promptly.


Final Thoughts


Compliance is not about paperwork — it’s about protecting clients, preventing harm, and demonstrating professionalism. Estate planning carries a unique level of trust, and robust compliance practices reinforce that trust every day.


For smaller firms, consistency is as important as compliance itself. Automating processes and centralising documentation can take much of the friction out of staying compliant — leaving you free to focus on what matters most: delivering sound, ethical advice.


Need Help Strengthening Your Compliance Framework?


Staying compliant isn’t just about meeting your obligations — it’s about protecting your clients, your business and your team long into the future. WillComply helps will writers, estate planners, and probate practitioners put robust systems in place for AML, client onboarding, and record‑keeping.


Whether you need a one‑off compliance review or ongoing support, our consultancy turns regulation into reassurance.


Get in touch with WillComply today to see how we can help make your compliance simple, consistent, and stress‑free.


 
 
 

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