Case Study: The Perils of Unqualified Will Writers

Making a Will is one of the most important steps an individual can take to protect their loved ones and ensure that their wishes are carried out after death. However, many people in the UK remain unaware that outside of the legal profession the Will writing industry can be largely unregulated. Each year thousands of people prepare their own Wills without seeking legal advice or with the help of unqualified Will writers who might lack adequate legal training. This can leave individuals open to poor advice, invalid documents and devastating legal consequences.

The recent case of Tedford V Clarke & Ors heard in April; the High Court provides a stark reminder of what can happen when things go wrong. This case was brought by Mr Tedford, Mrs Veronica Clarke’s nephew, who was appointed as her Executor in order to seek clarity and an interpretation of the Will. The poorly drafted Will had been prepared by an unqualified person holding himself out as a Will writer.

Veronica’s Will, which revoked a previously professionally drafted Will was so badly written that it included references to Abbey National Bank which had ceased to exist long before the Will was written. In addition, some of the clauses in the Will appeared to contradict each other about who the actual beneficiaries were. This led to confusion as to whether the nieces and nephews of Mrs Clarke (including Mr Tedford) were entitled to inherit. Disagreements about this exacerbated the already difficult family circumstances, as there was also a separate case being brought for the removal of Mr Tedford as the Executor.

Judge Cadwallader who heard the case noted that the legal jargon used in the Will shows ‘a limited understanding of their meaning and function and of the underlying body of law’. He also summarised that the badly drafted Will had caused ‘untold anguish, substantial expenses and delay and destroyed family relationships’.

Partner Caroline Flint, from our contentious probate team comments that “The Executor had no choice but to make an application to the Court for guidance before he could proceed with the administration of the estate. This caused significant funds to be depleted from the deceased estate and the potential to generate a rift between the family for generations to come”. “This is why it is important to make sure that the person you instruct is suitably qualified to understand your wishes and advise accordingly”’.

Why use a regulated firm?

Choosing a legal adviser from a regulated firm to prepare your Will ensures:

• Legal accuracy
• Complicated family, business and personal circumstances are taken into account.
• Tax and financial implications are accurately addressed
• Valid execution
• Safe storage
• Recourse if something goes wrong and a record of the advice is available.

At Mayo Wynne Baxter, our experienced Private Client team can give you the peace of mind of knowing that this is all in hand.