The risk of using inexperienced Will Writers - Tedford v Clarke & Others [2025]:

A recent ruling by the High Court in the case of Tedford v Clarke serves as a warning about the risks associated with engaging unqualified, unregulated, or inexperienced will writers when preparing testamentary documents.

Background

The deceased (Mrs Clarke) died in August 2022, leaving behind an estate valued at around £500,000.

During her lifetime she signed a Will but did not use a solicitor to draft the same and instead, engaged an individual presenting themselves as a will writer.

The Will produced was full of errors and contained inconsistent terminology, outdated references to bank accounts and unclear instructions on how the estate should be divided.

This led to multiple potential interpretations of her intentions resulting in family disputes.

Judgement

The judge reviewed various pieces of evidence to ascertain what Mrs. Clarke might have intended. The court case was both complex and expensive and caused considerable emotional strain on the family involved.

The judge highlighted the dangers of relying on unqualified will writers. Specifically noting that the risks of trying to save money compared to instructing someone with proper qualifications to prepare the will.

The Risk of Using Unregulated Will Writers

A concern with unregulated will writers is that they are often uninsured and unregulated. This leaves the estate vulnerable if a dispute arises in the future.

This case is a reminder that investing in quality legal services is worth the extra cost.

Head of Private Client Patrick Swanney has over 15 years’ experience and will be happy to advise and assist you with the preparation of your will.

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