Advisor Best Practices: Staying Compliant with Trust & Will

Estate planning plays a critical role in your client’s financial wellbeing, and with Trust & Will, it’s easier than ever to integrate it into your advisory services. This guide outlines how to support your clients through the estate planning process while staying compliant and within the scope of your practice.

Your Role: Educator and Coordinator

As an advisor, your role is to guide and educate—not provide legal advice or draft documents. Think of yourself as a coordinator, helping clients understand how estate planning fits into their broader financial picture. All decisions around legal documents should be made by the client.

If your client needs legal advice, they can be referred to our network of licensed estate planning attorneys or work with their own counsel.

Avoiding Unauthorized Practice of Law (UPL) 

The Unauthorized Practice of Law (UPL) occurs when an individual who is not a licensed attorney provides legal advice, drafts legal documents, or otherwise engages in activities that are legally reserved for attorneys. Each state defines UPL slightly differently, but the underlying principle is the same: only licensed attorneys may practice law.

Why It Matters for Financial Advisors

Examples that may constitute UPL include:

• Drafting or altering estate planning documents (wills, trusts, powers of attorney)

• Interpreting or explaining the legal meaning of clauses in those documents

• Advising clients which specific legal strategy (e.g., a trust type) they should use

Common approaches that typically avoid UPL concerns include:

• Identifying financial goals and aligning strategies

• Educating clients on options without making legal recommendations

• Referring clients to estate planning attorneys or platforms like Trust & Will for document creation and legal guidance

This information is provided for educational purposes. Financial advisors should consult with their compliance teams regarding specific UPL guidance applicable to their practice.

Best Practices to Support Your Clients

1. Educate, Don’t Counsel

Use Trust & Will’s educational resources to help clients learn about estate planning concepts. Keep conversations high-level and avoid recommending specific documents or interpreting legal terms.

If a client asks legal questions or seeks specific recommendations, direct them to Trust & Will’s Attorney Support services or advise them to speak with their own attorney.

2. Client-Led Document Creation

Clients should always enter their own personal and legal information when creating documents. You’ll be able to view shared progress through your advisor dashboard to help ensure alignment with their financial strategy.

3. Be Transparent About Fees

If you charge a financial planning fee that includes estate planning activities, ensure it reflects your advisory role (education, coordination, and integration into the broader financial plan) and not legal document preparation. Be clear and upfront about these services in your client engagement agreements.

Risk Mitigation Tips

• Always lead with education and not specific product recommendations

• Clients will always enter their own data, with you having visibility into their progress, with client consent.

• Review estate plans annually. Make sure trustees, beneficiaries, and account titling reflect current life circumstances.

• Refer out for legal or tax-specific issues. When a situation falls outside your scope, lean on expert support—whether through Trust & Will’s attorney network or your client’s legal counsel.

How to Talk About Trust & Will

Trust & Will is a third-party estate planning platform that offers state-specific legal documents in all 50 states. We’re not a law firm and don’t provide legal advice—but we do offer access to attorney support when needed.

Positioning Reminder: You’re helping clients complete their estate planning journey through education and coordination. The legal documents themselves are created by the client and delivered through Trust & Will.

Sample Language for Client Communication

If you’re guiding clients through the platform or supporting them in their journey, here’s suggested language you can use:

“As your advisor, I’ll help you understand the estate planning process and how it fits into your overall financial plan. When it comes to creating your legal documents, you’ll input your own information. If legal questions come up, Trust & Will has a network of estate planning attorneys available to help.”

What’s Next?

If you're just getting started, we recommend:

• Visiting your advisor portal to review client progress

• Sharing educational materials from our Learn Center

• Setting up a time to walk through Trust & Will’s EstateOS platform with your client

For support or compliance-specific questions, reach out to our Advisor Solutions Team. Trust & Will is here to help you support your clients, stay compliant, and build lasting value into your practice.

Interested in partnering with Trust & Will to enhance your own clients’ estate planning needs? Learn more about how you can join over 17,000 financial advisors and firms who are delivering peace of mind to their clients by offering a comprehensive estate planning solution. Schedule a free demo today.

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.