Making A Complaint
Making A Complaint
Procedures and policies for the Institute of Professional
Willwriters Alternative Dispute
Resolution (IPWADR)
Version 1 / 11 September 2026
IPW is accredited by Chartered Trading Standards Institute (CTSI) under delegated powers from the Secretary of State for Business and Trade, under the Digital Markets, Competition and Consumers Act 2024.
In the vast majority of cases, clients of our Member firms receive
excellent service.
Occasionally things can go wrong. If a Member of the IPW doesn’t get it
right and if a client is not happy with any aspect of service provision, our
Member firms are keen to know about it. Not only does it allow them to rectify
the situation, they will then also be able to ensure the same problem doesn't
happen again.
On occasions where one of our Member firms is unable to rectify a
situation, the IPW provides Alternative Dispute Resolution (ADR) for complaints
about the service that they have received from an IPW member firm.
To find out if a firm that you have a complaint about is a member of IPW,
please click here.
IPW member firms are bound by the decision reached, but the complainant
can choose to accept or reject the outcome.
The IPWADR process is free to consumers.
Every year the IPWADR produces a report about the performance of its
scheme. The latest report can be viewed here
Scope of the IPWADR process
IPW uses arbitration to resolve complaints.
We offer ADR for complaints relating to:
- Wills or other testamentary instruments
- Powers of attorney
- Advance directives/advance decisions/living Wills
- An agreement not intended to be executed as a deed
- The administration of estates of people who have
died
- Advice (but not preparation) of documents executed
as a deed
- The storage of documents
Participation in the IPWADR process may result in the following possible
outcomes:
·
A refund of a maximum of any fees paid by the
Client up to a maximum of the fees paid by the Client for the transaction (or
the element of it that is in dispute) and/or
·
A requirement for remedial work to be completed by
the IPW Member Firm and/or
·
An award of costs to the Client, limited to the
actual costs that they have incurred in pursuit of their complaint.
Contact details
- Institute of Professional Willwriters (IPW)
- Trinity Point, New Road, Halesowen B63 3HY
-
[email protected]
-
0345 257 2570
General information
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We want as many people as possible to be able to be
able to use the IPW ADR process and the IPW will make any necessary and
reasonable provisions for a complainant to be able to do so. If a complainant
needs help please contact the IPW. Forms of help that the IPW can provide
include, but are not limited to:
o
Making the scheme rules available in large print or
in forms as of assistive technology, including verbal.
o
Conducting the process using large print or other
forms of assistive technology.
o
Providing help for a complainant to have their
evidence transcribed.
-
IPW can only accept complaints in English, and in
relation to services provided in relation the laws in the United Kingdom and
the ADR procedure will be conducted in English.
-
The ADR procedure will be conducted in writing
unless there is a justification for it to be conducted in another format.
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We will take into account the requirements of the
IPW Code of Practice, best practice in the sector, consumer law and other
legislative requirements when resolving complaints.
-
The complainant can withdraw their complaint from
this ADR procedure at any time.
-
Any outcome of the ADR procedure is legally binding
on the IPW member firm but does not prevent a client seeking redress through
the courts.
-
Both parties are entitled to be represented or
assisted by another person.
-
The average length of the ADR process is currently
66 days.
Referring a complaint to IPW ADR
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IPW member firms should inform clients that they
have access to a free ADR service through IPW, when they have reached the end
of their own internal complaints process. Details on how to contact IPW should
be provided to those clients by the member.
-
The complainant must have exhausted the IPW member
firm’s complaints process, before a complaint can be raised with IPW.
-
Complainants have 12 months from the date of the IPW
members firm’s last response to raise a complaint with IPW.
-
Only complaints about the services provided by IPW
member firms can be dealt with by the IPWADR service.
-
Complaints can be submitted using the contact
details outlined above, or through the online portal, here
Grounds for Refusal
IPWADR may refuse to handle a complaint due to one or more of the
following reasons:
a.
Claims for compensation for financial loss
sustained through the alleged negligence of the IPW member firm. These issues
should be dealt with through the indemnity insurers of the IPW Member firm and
it is mandatory that all IPW member firms have such indemnity insurance.
b.
If the IPW member firm is regulated by a scheme
which provides for complaints to be dealt with by the Legal Ombudsman. If this
option is available, it should be described in the contract provided by the IPW
member firm. Where this option is available, complainants should refer the
matter to the Legal Ombudsman whose contact details are as follows:
Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9W
Telephone: 0300 555 0333
www.legalombudsman.org.uk
[email protected]
c.
Where the person making the complaint is not a
Client nor has been appointed by a Client to act on their behalf. A Client is a
person who has contracted with an IPW member firm for the provision of services
and/or has made a payment to an IPW member firm in the expectation of the
provision of services.
d.
Where the complaint is not about the service that
has been provided by an IPW member firm.
e.
Prior to submitting the complaint to IPW the
complainant has not attempted to contact the IPW member firm concerned to
discuss the complaint and sought, as a first step, to resolve the matter
directly with the IPW member firm.
f.
The dispute is frivolous or vexatious.
g.
The dispute is being, or has been previously,
considered by another ADR entity or by a court.
h.
The value of the claim is greater than £10,000.
i.
The complainant has not submitted the complaint
within the time frames mentioned above.
j.
Dealing with such a type of dispute would seriously
impair the effective operation of the IPW.
k.
Where the disputed transaction started before a
firm became a Member of the IPW, or where the IPW Member of firm is no longer a
member of the IPW or when the transaction was completed more than 12 months before
the complaint is first made to the IPWADR.
l.
Where the Client refuses to give permission for the
IPWADR to access their file held by the Member.
ADR Procedure
-
Once IPWADR has received the complaint from the
complainant, it will review it to ensure it is something that can be dealt with
by IPWADR. If it is not possible to deal with the complaint, IPWADR will let
you know as soon as possible and, where possible, you will be signposted to
other organisation(s) who may be able to help.
-
If the complaint can be handled, IPWADR will
acknowledge this to both parties and provide details on the ADR procedure,
including expected timeframes.
-
If there is a conflict of interest, IPW’s policy on
this will be followed (see below).
-
All relevant information will be collated by IPW
from both parties, who will have a reasonable amount of time to express their
points of view.
-
The information required can be submitted either
online or by post and may include, but is not limited to:
The contract between the complainant and the
IPW member firm
The receipt or invoice in relation to the
transaction
Copies of correspondence between
the complainant and the IPW member firm both before the complaint arose and
during the complaint process.
-
Once all required information is received from the
complainant, this will be provided to the business for comment. The business
will have 14 working days to respond.
-
Once the information has been provided by the
business, this evidence will be sent to the complainant for comment. The
complainant will then have 14 working days to respond. This process will
continue until both parties have made all of their comments.
-
Once IPW has all the required information for the
ADR process to begin, this will be considered the ‘complete case file’ and both
parties will be notified in writing at this point.
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Once IPW is in receipt of the complete case file,
the outcome will be notified to both parties in writing within 90 days.
-
IPW will keep parties to the dispute informed about
the conduct and progress of any ADR being carried out using the same format
under which the information was shared between the parties.
-
The complainant can withdraw their complaint from
this ADR procedure at any time.
-
Once the ADR procedure has concluded and a decision
reached, both parties will be provided with this in writing and along with an
explanation of how the outcome has been reached.
-
An outcome may include any of the following:
o
A refund of any fees paid by the complainant up to
a maximum of the fees paid by the complainant for the transaction (or the
element of it that is in dispute) and/or
o
A requirement for remedial work to be completed by
the business and/or
o
An award of costs to the complainant, limited to
the actual costs that they have incurred in pursuit of their complaint.
-
At this point complainants will be advised of the
following:
a.
The complainant has the choice as to whether or not
to agree to or follow the proposed solution.
b.
Participation in the procedure does not prevent the
possibility of seeking redress through court proceedings.
c.
The proposed solution may be different from an
outcome determined by a court applying legal rules.
d.
The complainant can accept or reject the ADR
decision.
-
The complainant will be given 14 days to accept or
reject the decision reached.
IPW
ADR Conflict of Interest Policy
Everyone
involved in the IPW Alternative Dispute Resolution process will strive to avoid
any actual, potential or perceived conflict of interest between the interests
of the IPW member firm and a clients and their own personal interest.
The purpose
of this policy is to protect the integrity of the IPW ADR decision-making
process, so that our stakeholders to have confidence in our integrity, and to
protect the integrity and reputation of staff.
Examples of
conflicts of interest include:
1. An ADR official who deals with a complaint against a
member firm which once employed them.
2. An ADR official who is friends (rather than just
professionally amicable) or related to a member which is the subject of a
complaint.
3. An IPWADR official, or their friend or family member has a
financial interest in an IPW member firm which is the subject of a complaint.
Upon
appointment, every ADR Official will make a full, written disclosure of
interests, such as relationships, and posts held, that could potentially result
in a conflict of interest. This written disclosure will be kept on file with
the ADR Official being subject to ongoing disclosure obligations.
Where a
conflict of interest arises the ADR Official will speak to the IPW Chair who
will follow the following procedure:
a. where possible, the ADR official will be replaced by
another ADR official to handle the particular dispute;
b. if the ADR official cannot be replaced by another ADR
official—
(i) the ADR official will refrain from conducting the
alternative dispute resolution procedure, and
(ii) the IPW Chair will, where possible, propose to the
parties that they submit the dispute to another ADR entity which is competent
to deal with it.
c. if the dispute cannot be transferred to another ADR
entity, the IPW Chair —
(i) will inform the parties to the dispute of the
circumstances of the conflict of interest,
(ii) will inform the parties to the dispute that they have
the right to object to the conflicted person continuing to handle the dispute,
and
(iii) will only continue to deal with the dispute if no party
to the dispute objects.
Register of
potential conflicts of interest
| Date | Name | Role | Possible Conflict |
| 12 May 2026 | Paul Sharpe | ADR Official | Willpower |
| 12 May 2026 | Paul Sharpe | ADR Official | National Will Safe Limited |