Will writing and False economies

We all go on social media and on various Apps to check the latest sports news or the national/international news. We scroll down to see the next item and…. we get interrupted by one of those pop-up advertisements. Amongst them sometimes are those which attempt to sell will writing services, purporting expertise at ridiculously low prices. Too good to be true?

Of course, our Dispute Resolution Team here at Keelys has a vested interest – we are instructed on many cases involving disputes about Inheritance Claims, sometimes about the interpretation of clauses in badly drafted Wills. According to the latest figures, over half of UK adults don’t make a Will. It is difficult to understand why then, for those who do choose to make a Will, they should place their trust in often, unqualified and inexperienced people who might not even have professional indemnity insurance if they make a mistake. Why ask someone to prepare one of the most important documents you might ever need, with some life changing and far-reaching consequences if it goes wrong?

Don’t just take our word for it.

This is what HHJ Cadwallader said when a recent case came before him in March this year. (Tedford v Clarke and Others [2025] EWHC 816 (Ch)

“This will is drafted badly. This 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.”

HHJ Cadwallader explained how Veronica Clarke’s will used clauses, parts of clauses and words familiar to lawyers used to dealing with wills, and in standard form, “but it does so in ways which betray a limited understanding of their meaning and function, and of the underlying body of law in relation to which, when used properly, they are formed”.

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

As well as the Claimant, there were sixteen other parties to the litigation – that’s potentially seventeen lawyers and their legal teams, including barristers. Poor Mrs Clarke, thinking she would save money by using a low cost will writer, ended up costing her estate many tens of thousands of pounds in litigation costs.

It is not just using a Will Writer that can cause issues, many believe writing a Will is easy but there are so many things that can go wrong.

What if your Will is invalid?

If the Will does not comply with the formalities under the Wills Act 1837 it will automatically be invalid. Instead, you will be treated as dying intestate. The law then dictates who benefits from your estate and this may not be the people you named in your invalid Will.

What if your Will is valid but contains errors?

Even if your homemade Will is not invalid but there are errors which cause confusion or other administrative problems, it could result in Court proceedings.  The Court may need to rectify your Will or clarify your intentions to enable your estate to be administered correctly (as in the Clarke case above). An error in your homemade Will, which only comes to light after you’ve died, can have a devastating effect on your loved ones.  It may cause them financial hardship and stress at a time when they are grieving and trying to deal with your loss.  Would you want them to be faced with the possibility of not inheriting from your estate or your estate being depleted by unnecessary costs?  These problems could have been avoided had your Will been made with the help of a legal professional.

What if you want to exclude a relative?

It’s a sad fact that families fall out and it’s becoming increasingly common for estranged family members to be disinherited.

Doing this in a homemade Will without proper legal advice could leave your Will at greater risk of being contested by your disgruntled relatives. They may argue you lacked capacity or were unduly influenced.  Defending such challenges is far more difficult if you made the Will yourself.  Having the benefit of legal advice and having the Will prepared for you by an experienced legal professional does not avoid a challenge altogether. However, a legal professional will oversee the whole process, will make attendance notes and can give independent evidence to the Court as to your intentions and the circumstances surrounding the Will you made.

And so don’t end up with a false economy, if you are thinking of making one of the most important decisions and want professional assistance about how to do it, make sure it’s someone who is qualified to do so.

Contact us

Our experienced team are on hand to help you.

Simply give us a call on 01543 420 000 and ask for one of our Private Client Team.

If you prefer, please email us on office@keelys.co.uk or fill in our online Will questionnaire by following this link Wills Questionnaire – Keelys Solicitors LLP

And if, sadly, it has gone wrong like it did for Mrs Clarke’s estate above, we can help. Please contact either Patrick Farrington or Liam Owen on pfarrington@keelys.co.uk and lowen@keelys.co.uk for expert advice on Will disputes, inheritance claims and disagreements between executors, trustees or beneficiaries.