A recent High Court ruling in the case of Tedford v Clarke (2025 EWHC 816 Ch) has starkly highlighted the dangers of entrusting your will to unqualified individuals. The case involved a will so poorly drafted that it led to significant distress among the deceased’s relatives, substantial legal expenses, and irreparable family discord.
His Honour Judge Cadwallader, presiding over the case in Liverpool, remarked on the unusual number of genuine interpretation issues arising from the will. He noted that the document was likely prepared by an ‘apparently unqualified person holding himself out as a will-writer’, possibly for financial gain. The judge emphasised that attempts to economise by using unqualified individuals for will preparation can have dire consequences.
The team at Greene & Greene regularly encounter cases where a client’s wishes have not been properly carried out due to a poorly drafted will—often written by individuals with no formal legal training. While the idea of saving money by using an unregulated will-writer or a DIY kit may seem appealing, the long-term cost—both financial and emotional—can be far greater.
The hidden risks of poorly drafted wills
A will is not just a formality; it is a legally binding document that determines how your estate is managed and distributed. When it’s not correctly drafted, the consequences can be serious:
- Unclear or ambiguous language: Legal language needs to be precise. Even a single poorly worded clause can lead to confusion, delays, or even litigation among beneficiaries.
- Unintended consequences: Without proper legal guidance, your will may not achieve what you intended. Assets could end up in the wrong hands, or loved ones might be unintentionally excluded.
- Disputes and family breakdown: A vague or contested will often leads to disagreements among family members. These disputes can be costly, time-consuming, and damaging to relationships.
- Increased legal costs later: Ironically, the attempt to save money upfront often results in much higher costs down the line as families are forced to involve solicitors and sometimes even the courts to resolve issues.
A professional safeguard for your family’s future
Your will should be a source of clarity, not confusion. When it’s drafted professionally, it protects your loved ones from unnecessary stress and ensures your estate is distributed exactly as you intend. Remember that all solicitors carry professional indemnity insurance in the event of negligence by the solicitor.
Our team
Our team of trained and regulated professionals understand the complexities of inheritance law. When you instruct a lawyer, you receive expert advice tailored to your personal and financial circumstances, ensuring your true intentions are reflected. We can advise you on potential tax implications and help structure your estate in a tax-efficient way, but most importantly, you have peace of mind that your wishes will be clearly understood and legally enforceable.
If you’re thinking about making or updating a will, please do not hesitate to contact me or another member of our private client team.
This is only intended to be a summary and not specific legal advice.
