Judge warns of risks of using unqualified Will writers
People often feel they can save themselves money when making a Will. They often under-estimate the matters they should consider and think they just want a “simple Will”. As such, they may look to do a DIY Will by handwriting it at home or buying a kit from the high street or online provider. People may also be tempted by a good deal offered by a Will writer.
One should remember the old saying “You get what you pay for”. We regularly see issues with handwritten Wills such as people not disposing of their whole estate, not including substitute provisions should a named beneficiary die before them, not appointing Executors or not appreciating that they may be creating a trust through the wording used which might be difficult to work in practice.
Anyone can buy a software package and set themselves up as a Will writer, normally via a limited liability company. We have seen numerous cases where the company is wound up and clients have no idea where their original documents are or have no re-dress if they later discover (normally too late and after a loved one’s death) that there was a mistake with the Will drafting.
Tedford v Clarke
The recent case of Tedford v Clarke (2025 EWHC 816 Ch) is a good example where the executor of the deceased’s estate approached the Court due to the Will presenting “numerous difficulties”. These difficulties included many ambiguities due to the wording used and therefore how the Will was meant to be interpretated. The Judge in this case, HHJ Cadwallader, stated that not only was the Will drafted badly, but that there is evidence suggesting it was prepared by an “apparently unqualified person holding himself out as a Will writer”. He goes on to say the case demonstrates
“the perils of trying to save expense by using the services of unqualified persons to write Wills”
It can often cost far more to resolve the issues (let alone the time delays and stress for all parties) than the cost a properly prepared Will would have done from a qualified lawyer, backed by Professional Indemnity insurance against any mistakes or negligence and with a regulatory body to report to if it becomes necessary.
How can Ellis Jones help?
If you would like help or advice regarding your Will and/or estate planning from one of our specialist Wills, Trusts & Probate lawyers, please do not hesitate to contact us on 01202 525333.
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