31
May
Unqualified will writers: A bargain or a disaster?
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Making a will is one of the most important things you can do to protect your loved ones, but the process can feel overwhelming. Finding someone you trust to guide you through it can be daunting, and when faced with costs, it can be tempting to choose an unqualified will writer to save money. However, as a recent case shows, cutting corners can cause far greater expense, heartache and confusion for the family left behind.
A family feud
When Veronica Clarke passed away in August 2022, her will appointed her nephew and brother as executors and trustees. Sadly, a dispute quickly arose about how her estate should be divided. The disagreement led to a court case involving her nephew acting as claimant and 16 family members as defendants.
The court found that while Mrs Clarke’s will appeared standard at first glance, it had been drafted in a way that betrayed the “limited understanding” of the will writer. Clauses seemed to have been “cut and pasted” from old documents without proper adaptation.
As a result, it was unclear who should inherit what. Key points of confusion included how Mrs Clarke’s home and banking assets should be divided, and whether her estate should be left only to her two surviving siblings or shared with a wider group of family members.
Such basic uncertainties are rare in well-drafted wills. The judge agreed to step in and interpret the will objectively by examining:
• The legacies being gifted
• Whether any assets fell into the residuary estate
• Who the intended beneficiaries were
Ultimately, the judge concluded that although the will was ambiguous, it was not meaningless. By considering witness statements and external evidence, he was able to piece together Mrs Clarke’s true intentions.
The final judgment ensured that the legacies and residuary assets were properly separated and even allowed the children of Mrs Clarke’s husband’s siblings, who were not named in the will, to inherit. However, due to conflicting witness statements, some family members received less than they had expected.
While we may never know exactly why Mrs Clarke’s will was drafted so poorly, the judge suggested it was an attempt to save costs - a decision that sadly led to a lengthy, expensive and distressing court battle.
Why expertise matters when writing your will
Mrs Clarke’s case is a stark reminder that using unqualified will writers can cause confusion, family disputes, expensive legal proceedings and stress further down the line. A small saving today could end up costing your loved ones dearly in the future.
LCF Law’s qualified and experienced solicitors will ensure that your will is clear and legally sound and truly reflects your wishes. They’ll take the time to understand your personal circumstances and provide tailored advice, giving you peace of mind that your loved ones are protected.
Ann Christian, LCF Law
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