Avoid Will Disputes: Use Qualified Solicitors
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Katie de Swarte
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The perils of using an unqualified will-writer: don’t risk the fallout
If you’re tempted to use an unqualified will-writer, please think again. A poorly-drafted will could cost far more than you bargained for.
The contested wills team at Osbornes Law acts for many clients involved in wills and probate disputes arising out of substandard wills.
A recent case exposes how an unqualified will-writer clearly failed to understand the wording he was drafting. Had the will-maker instructed qualified wills and probate solicitors, costly litigation would have undoubtedly been averted.
What’s the background
In Tedford v Clarke & Ors (2025) EWHC 816 (Ch), Henry Tedford was the sole executor of the will of his aunt, Veronica Clarke. Veronica died in August 2022 leaving a will executed in 2014.
Unfortunately, her will was terribly drafted. Veronica had instructed someone who had apparently held himself out to be a qualified will-writer. It appeared various clauses and phrases used in the will were probably a cut-and-pasted from other documents or precedents, possibly old ones, and amended – but in a way that betrayed the will-writer’s “limited understanding of their meaning and function”.
It was so badly drafted and ambiguous that the judge said: “For a will to give rise to quite so many genuine questions of interpretation is unusual.” For instance, did the words “my estate” mean Veronica’s entire £500,000 estate, or just the sale proceeds of her house? And if it meant the sale proceeds, did that take precedence over a separate gift of a savings account?
To complicate matters further, the family tree was complex and it was unclear how the estate should be distributed among the many potential beneficiaries.
To his credit, Henry had tried to resolve the issues with the potential beneficiaries, but it proved too difficult and he asked the court to direct how the estate should be distributed.
Construction of a will
When construing an ambiguous or uncertain will, the court will ascertain its meaning with reference to direct and extrinsic evidence, including the circumstances around the testator at the time the will was made.
The judge did not accept that any part of the will was ‘meaningless’ (in which case the specific gift would fail). If a will has more than one possible meaning, it is ambiguous, not meaningless. While this will gave rise to significant issues, it was not in any way meaningless.
Each clause was carefully examined in light of the evidence and then interpreted to most effectively reflect Veronica’s intentions. The outcome aligned with some of the beneficiaries’ witnesses but not others, who would receive less than they thought they were entitled to.
The judge made clear that the dispute had undoubtedly caused “untold anguish, substantial expense and delay, and destroyed family relationships”. The cost to Veronica of going to an unqualified will writer will have been low, but the financial cost alone of the litigation will have significantly depleted the estate funds available for the beneficiaries.
What does this mean?
This case clearly demonstrates the perils of trying to save money by using the services of unqualified people to write wills. The cost of using an unqualified will-writer can be devastating—emotionally, financially, and legally. Always seek specialist advice from qualified solicitors. For expert advice about your wills and probate dispute, speak with the expert contested probate solicitors at Osbornes Law. Contact us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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