The Perils of Using an Unqualified Will Writer

Using an unqualified Will Writer to prepare your Will could be perilous.

In a case heard in the High Court, the Judge was asked to give a ruling as to how a badly drafted Will should be interpreted by the Executor. The identity of the person who drafted the Will is not known, but the Judge commented: “The evidence suggests that the Will was prepared by an apparently unqualified person holding himself out as a Will writer…”

The facts of the case

Ms. Clarke appointed her nephew, Henry Tedford as her Executor. After Ms Clarke’s death, Mr Tedford realised that the wording of the Will was ambiguous. The wording appeared to use legal terms which are commonly used by legal professionals, but the Judge commented “it does so in ways which betray a limited understanding of their meaning and function”. The Will also referred specifically to assets which Ms Clarke did not own, either at the date of her death or at the date she signed her Will.

Mr Tedford initially sought agreement from the beneficiaries as to how the Will should be interpreted and the estate distributed. Sadly, the relationship between family members deteriorated and no agreement could be reached.

Mr Tedford made an application to the court for clarification. In the meantime, a separate attempt was made by beneficiaries to remove Mr Tedford as Executor. Mr Tedford was a beneficiary under some interpretations of the Will, but not others. The Judge commented that the Executor could not “safely distribute the estate without the protection of a Court order” and found that it was entirely reasonable for Mr Tedford to have sought guidance from the Court.

The Judge commented: “This case demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.”

The case highlights the terrible financial and emotional consequences of a poorly drafted Will. Sixteen family members were involved in the litigation and the case took three years to come to court. The case is also a reminder that acting as an Executor can be a thankless task. The Judge said: “This dispute has no doubt caused at least some of the parties untold anguish, substantial expense and delay and destroyed family relationships”.

Why is it safer to use Warners?

• We prepare bespoke Wills for clients, covering issues such as inheritance tax planning, blended families and vulnerable beneficiaries.
• At Warners, we adopt a “second pair of eyes” policy whereby all our Wills are prepared by a qualified lawyer and then checked by a second qualified lawyer before the client signs the final draft.
• Many of our lawyers hold additional qualifications, such as a STEP diploma for Trusts and Estates Practitioners.
• Warners subscribes to the Law Society’s voluntary WIQS accreditation scheme (Wills and Inheritance Quality Scheme), for which all our lawyers receive training and sit a pass/fail exam annually.
• As a regulated law firm, we are required to keep up professional indemnity insurance. It might seem counter intuitive that one of the selling points of a law firm is that we have insurance in place if things go wrong. However, spare a thought for the beneficiaries of Ms Clarke: if such a poorly drafted Will had been prepared by a law firm, then the beneficiaries would have some recourse against the firm itself. As it was, the beneficiaries of Ms Clarke’s estate were left to fight matters out between themselves, whilst the person who drafted the Will is left unaccountable.

Kate Barker is a Senior Associate in the Private Client Team at Warners Solicitors. For further information on making a Will or reviewing an existing one, contact Kate at [email protected] or on 01732 770660.

This article is for general information only and does not constitute legal or professional advice. Please note the law may have changed since this article was published. We do not accept responsibility or liability for any actions taken based on the information in this article.