‘Perils’ of using an unqualified Will writer to save money highlighted by High Court judge

A judge has issued a stark warning about the potentially catastrophic consequences of using an unqualified person to draft your Will.

The errors in Veronica Clarke’s Will, which meant it was unusually inconsistent and difficult to interpret, left family members at loggerheads, caused immense stress and upset as well as enormous problems for her executor, nephew Henry Tedford.

His Honour Judge Cadwallader, commenting on the case, concluded: “This Will is drafted badly. The dispute has no doubt caused at least some of the parties untold anguish, substantial expense and delay, and destroyed family relationships.

“The evidence suggests that the Will was prepared by an apparently unqualified person holding himself out as a Will writer, perhaps for money. This case demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.”

At a time when the number of disputes over Wills is growing, making your Will as robust as possible is important just in case it is challenged in the future.

Using a solicitor to make or update your Will protects against errors, ensures everything is done correctly to ensure validity and dramatically reduces the risk of a family member being able to exert undue influence over a vulnerable relative.

What was wrong with this unqualified Will writer’s work?

Executor Henry Tedford had no choice but to bring his aunt’s Will to court for guidance on how to interpret it to so as to be able to administer the estate to Veronica Clarke’s beneficiaries.

Prepared by an unqualified person, it was so badly written it referred to a bank which no longer existed, contained contradictory clauses on who was to inherit what – leading to upset between some of the beneficiaries – and although it contained legal terminology familiar to lawyers, did not portray knowledge of the requisite law.

Judge Cadwallader added: “They may well have been cut and pasted from some other documents or precedents, perhaps rather old ones, and then amended.”

Although Veronica may well have saved money by using this unqualified Will writer, her estate undoubtedly lost out as a result with her beneficiaries set to inherit less than they would have done had she used a qualified lawyer in the first place.

How do you make sure your Will is correctly drafted?

Will making is not always straightforward. Family set-ups and blended families can be complicated and the legal process for correctly drawing up a Will is strict.

For example, if your Will is not signed or witnessed correctly, your estate may end up being treated as if you had died without making a Will at all. This is called dying intestate and means your estate is left to your next of kin in a fixed order, decided by the government and not necessarily as you wanted.

A correctly drawn up Will is an inexpensive way of avoiding difficulties in the future for your family and friends after your death.

It also gives you the chance to take wealth preservation steps to structure your affairs, not only to minimise your liability for inheritance tax, but to maximise tax relief too.

Solicitors, unlike Will Writers, have professional legal qualifications, are regulated by the Solicitors’ Regulation Authority and must have professional indemnity insurance. This means if something goes wrong, you have somewhere to go for redress and to claim compensation.

Get in touch.

Wards Solicitors wins high praise in the 2026 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

Our specialist Wills and Mental Capacity solicitors are all highly experienced. Many are members of The Association of Lifetime Lawyers (formerly Solicitors for the Elderly) and the Society of Trust and Estate Practitioners (STEP). Both organisations require the highest standards from its members with proven qualifications and experience.

We offer a free initial appointment, can meet you in one of our offices or come to your home.

• If you want to make or update your Will, please contact our Wills and Mental Capacity Team.
• If you want to contest or defend a Will, please contact our Probate Disputes Team.