Using Unqualified Will Writers: A Warning from the Courts
It is often said that where there is a Will, there is a dispute. That is not always the case, but the latest figures from the Courts indicate that Will disputes are on the increase, particularly where “homemade” Wills or unregulated Will writers are used to draft Wills.
A recent case concerning the Will of Veronica Clarke reached the High Court and a warning was issued about the risks of using unqualified Will-writers to draft a Will.
The Judge said “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.” The Will gave rise to “many genuine questions of interpretation”.
The 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”. The drafting showed limited understanding. He added: “They may well have been cut and pasted from some other documents or precedents, perhaps rather old ones, and then amended.”
Proceedings were brought by Ms Clarke’s nephew, Henry Tedford, as Executor of her Estate for guidance on the “numerous difficulties” of interpreting the Will. Mr Tedford was a potential beneficiary in some interpretations of the Will. Court proceedings were needed to resolve the technical difficulties as they could not be settled by agreement. The state of the Will was such that the Executor would be unable “safely to distribute the estate without the protection of a Court order. That he also has a personal interest in the outcome as a potential beneficiary does not detract from that.” Separate proceedings were also brought by two of Ms Clarke’s siblings for Mr Tedford’s removal as Executor. The Court was able to provide guidance to Mr Tedford and endorsed the approach that he had taken.
As an indication of the impact of the proceedings on the family of Veronica Clarke, the matter took 3 years to reach the Court to resolve the dispute. Several attempts to settle the matter by agreement failed. Sixteen members of the family were involved in the Court case, many having to instruct their own barristers and solicitors. A separate set of proceedings was started by other family members to remove the Executor. The lasting effect of the poorly drafted document was to create a costly and long-running family feud, when Ms Clarke’s intentions, according to several witnesses were that “everybody will get something from my Will”.
How Can We Help?
We prepare Wills that are tailored for you, your situation and your family circumstances.
Unlike some providers we Will not advertise a low headline price only to increase that cost once we have received your information. Once a Will is drafted we do not charge for storage.
If you have concerns about or have been affected by a DIY Will, please contact us immediately as there are strict time limits that can apply to challenging a Will.
The Writer
Robert Syms leads our contentious probate and disputes team at Caversham Solicitors. He has completed the academic element of the ACTAPS qualification.
Robert regularly advises and acts for Executors, beneficiaries and potential beneficiaries in connection with Will and Estate disputes.
Robert can be contacted on T: 0118 9478638 E: robertsyms@cavershamsolicitors.co.uk
