Professionals do not like to admit it, but sometimes mistakes happen. This may be incorrect advice or drafting a Will or trust that does not quite make sense, fails to reflect the individual’s intentions, or even creates rather than reduces tax consequences.
Why a poorly drafted Will can cause problems
When thinking about making a new Will, using a solicitor will help lessen the risk of poor drafting where clauses are vague, legally ineffective or impossible to follow.
For example, you do not want to find that the poorly-drafted will cannot bring into effect your wishes without the assistance of the Court.
This is what happened in the recent case of Tedford v Clarke & Ors [2025] EWHC 816 (Ch). Here, an executor (and potential beneficiary) made a joint application to Court regarding the interpretation of a Will. The person making the Will (known as the “Testatrix”) wanted to leave:
- half of her estate to her late husband’s siblings;
- half of her estate to her siblings; and
- her savings account, held by Abbey National Bank, for her siblings.
On the face of it, you might think that this seems to be quite a simple Will. However, several questions arose which required the Court’s assistance, namely, that:
- Abbey National Bank became Santander before the Will was made. Did the gift fail, or was the Santander account included?
- the Testatrix held several savings accounts, and the Will only referred to one account. Did this clause mean that the funds held in only one of the savings accounts would pass to her siblings?; and
- as many siblings had predeceased the Testatrix, leaving children, whether those children inherited in their parents’ share.
The evidence suggested that the Will was prepared by an “apparently unqualified person holding himself out as a will writer perhaps for money.” And that this “case demonstrates the perils of trying to save expense by using the services of unqualified persons to write wills.”
Short-term saving, long-term cost?
Whilst using a Will-Writer may save money in the short term, it may cause far higher costs later down the road (for your estate/beneficiaries) due to poor or negligent drafting and advice. It may also cause rifts in the family, and disputes are often time-consuming and emotionally draining.
It is also worth remembering that solicitors carry professional indemnity insurance in the event of negligence, whereas, unregulated Will-Writers are not required to carry such insurance, which means that if a mistake, like the above, is made, the estate, and ultimately the beneficiaries, may end up picking up the cost of any claim.
If you are an executor or beneficiary and believe the wording of a Will is unclear or ambiguous, or if you'd like a qualified professional to review it, please contact one of our specialised team members who will be happy to assist.