As the insurance partner for the Society of Will Writers, Marsh Commercial support members throughout the entire claims process. The variety of claims we assist with highlight the unique challenges and risks faced by will writers. Over a five year period to 3 February 2026 we received over 500 claim notifications from Society of Will Writer members insured by Marsh Commercial.
Gaining a deeper understanding of scheme claims can support you in enhancing your business practices and offers valuable foresight into emerging trends anticipated in 2026 and beyond. Building on our webinar in January, this article examines the four most common claims submitted under the Society of Will Writers’ insurance program in 2025. By identifying the underlying causes of these claims, we aim to help members take proactive measures to reduce their exposure to such risks in the future.
The most common causes of claims can be categorised as:
- Breach of duty
- Breach of contract
- Misrepresentation or misstatement
- Dishonesty
Breach of duty
In terms of professional indemnity (PI) insurance, a breach of duty occurs when a will writer fails to perform their legal or ethical obligations to a client with the reasonable care, skill and diligence expected by their profession. This failure whether through an error, omission or negligence may result in harm, loss or damage to the client.
Examples could include drafting a will that does not accurately reflect the client’s instructions, failing to ensure the will is properly signed and witnessed or neglecting to advise on important tax or estate planning implications.
Breach of contract
A breach of contract occurs when one party fails to fulfil their obligations as specified in a legally binding agreement. In the context of PI insurance, it refers to a situation where a professional does not perform their contractual duties to the agreed standard, resulting in a financial loss or damage to the client.
Examples could include missing deadlines outlined in a service agreement, delivering work which does not meet the required standard or failing to provide contracted services.
Misrepresentation or misstatement
Misrepresentation commonly refers to a false statement, omission, or misleading information made by a professional to a client or third party, which encourages them to enter into a contract or rely on the information provided. If the misrepresentation causes financial loss or damage, the professional may face a claim for compensation.
Claims filed by members accused of misrepresentation may include errors in document drafting, inaccuracies in power of attorney forms or false factual statements. Drafting mistakes such as ambiguous language or not accurately capturing a client’s wishes can result in expensive legal conflicts or wills being declared invalid.
Dishonesty
In terms of PI insurance, dishonesty refers to intentional acts of deceit, fraud or fraudulent conduct by an insured professional.
This could include deliberate misrepresentation, theft, embezzlement or any act intended to gain an unfair or unlawful advantage, causing loss or damage to a client or third party.
What to do when a claim arises
If you experience a claim or receive notice of a possible claim, it is essential to promptly inform your insurer. For Marsh Commercial clients, a dedicated claims handler will be assigned to guide you through the entire process. Your claims handler will provide regular updates at every stage until the claim is fully resolved.
Consult an insurance specialist
Should you wish to discuss a potential claim or learn more about the support Marsh Commercial can offer, please contact our specialist team at 0330 818 7624 or email [email protected].
