Why using a solicitor can protect against costly Will-writing errors

It was retired doctor Rosemary Hill’s final wish – to change her Will to leave a £1 million inheritance to the charities she loved.

However, a mistake in how this important document was witnessed led to the charities she’d chosen being excluded altogether and a director of the Will-writing service she’d used to draft it receiving half her wealth instead.

A legal dispute is now underway with the charities concerned filing a professional liability claim against the company involved, Legal Love Letters which is officially registered as Will and Probate Company Limited.

The case highlights once again the dangers of using a Will-writing service instead of a solicitor.

Although often cheaper, Will-writers frequently have no legal qualifications and are unregulated which means you have no-one to complain to if something goes wrong.

Solicitors, on the other hand, have professional legal qualifications, are regulated by the Solicitors’ Regulation Authority and must have professional indemnity insurance. This means you have somewhere to go for redress and to claim compensation.

What happened in this Will error case?

Rosemary Hill first made a Will in 2014 using the Will-writing service, Legal Love Letters, owned by her friend, Cheryl Penry.

In this Will, she left the majority of her estate to two goddaughters one of whom was Nicole McFie, a director of Legal Love Letters.

In 2018, just days before she died, Ms Hill decided to revise her Will leaving a much smaller £51,000 to various friends and godchildren, including Nicole McFie, and the rest to four charities – Médecins Sans Frontières, the RNLI, Dogs Trust and Battersea Dogs & Cats Home.

Cheryl Penry visited Ms Hill at home and signed the new amended Will as a witness.

However, instead of asking a second witness to sign the Will in Ms Hill’s presence – as the law dictates – she took it away with her and back to the office where a member of staff did sign it but crucially, not in Ms Hill’s presence.

This meant the Will was not legally valid. As a result, probate was granted on Dr Hill’s original 2014 Will with Nicole McFie inheriting half the estate and the charities nothing.

The charities concerned argue that Cheryl Penry should either have taken a colleague with her to Ms Hill’s home or asked a neighbour to come round to sign the revised Will as is common practice in these scenarios.

How can you avoid this kind of Will writing mistake?

In the UK, anyone can write a will. This means that you can write it yourself or choose a solicitor or a Will writing business to write it on your behalf.

Whichever option you choose, it is important that you understand what you are buying, and your rights if things go wrong.

In 2023, the Competition and Markets Authority announced it would investigate the unregulated service area after receiving complaints about 'particularly concerning practices' and ‘misleading or aggressive' sales tactics.

After issuing warning letters to seven unnamed companies, it has now provided guidance on what to consider when buying Will writing services.

Why should I make my Will with a qualified solicitor?

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

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.

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.

Our specialist Wills and Probate 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.

Get in touch

Wards Solicitors wins high praise in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

It has also recently been named as Regional Law Firm of the Year by Bristol Law Society and our Wills, Probate and Mental Capacity team has just scooped the Devon and Somerset Law Society’s Private Client Team of the Year.

To make or update your Will, please contact any member of our highly experienced Wills and Mental Capacity Team.