“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.”
These are the words from a High Court Judge on a recent case of Telford v Clarke [2025] which demonstrates the dangers of using an unqualified Will writer. This recent case law highlights the effects of using an unqualified person to write a Will and the issues that can arise for Executors when dealing with the administration of the Estate.
Writing a Will is an unregulated activity which means there is no professional governing body that requires a certain standard to be met. Therefore, anyone can draft a Will, including unregulated Will Writers and even you.
Not having a Will prepared by a qualified legal professional can lead to issues if the correct steps have not been followed to sign it in accordance with the formality requirements and/or if steps have not been taken to check and record the capacity of the person making the Will. I would always recommend that legal advice is sought when making a Will as it is such an important document to get right.
Solicitors and Legal Executives are heavily regulated by their supervisory bodies and will have had to undergo years of training before qualifying. We are also required to keep up to date with legal developments and undertake CPD training each year to ensure that our knowledge is up to date.
The recent case of Telford v Clarke is a good example of a poorly drafted Will by an unqualified Will Writer. The issue in this case was that the Will Writer had used old precedents and poorly drafted clauses that created ambiguity when determining what the clause was intended to mean.
The Judge commented that the Will “may well have been cut and pasted from some documents or precedents, perhaps rather old ones, and then amended”.
How we can help...
At Timms, our Wills and Probate team is made up of qualified Solicitors and Legal Executives who all work within the regulated sector. We also have members of our team who are qualified STEP members and members of the Lifetime Lawyers Association.
If you require any assistance with the drafting of your Will then please do not hesitate to get in touch on 01530 564498 or email me at m.lovell@timms-law.com
For more information about Wills & Probate, visit our webpage here.
