Tedford V Clark: Why It Is Vital To Consult A Legally Trained Professional To Prepare Your Will
A Will is considered by many as the most important document they will ever sign. It can direct how your assets should be divided following your passing, who should look after your children and who should arrange for the payment of any inheritance tax due on your estate. It can even prevent costly and lengthy disputes.
In this article, Gemma Tooze, a Trainee Solicitor in the Lifetime Planning Team at JCP Solicitors considers the recent High Court case of Tedford v Clark - a stark reminder of the dangerous impact of having a Will drafted by an unqualified person who has little or no legal training.
The deceased’s Will had been prepared by what the judge considered to be an “apparently unqualified person holding himself out as a will-writer” which led to dire consequences for the family.
A dispute arose between the executors and beneficiaries as to the interpretation of the Will. Although it appeared from the outset that the Will was straightforward, in that only family members were to benefit, the many ways in which the Will could be interpreted led to disputes between beneficiaries as to who was to inherit. Ultimately leading to a costly court hearing.
The judge found several errors in the drafting of the Will that caused uncertainty. This uncertainty led to the court ruling a gift should not pass to the named beneficiary and resulting in them inheriting nothing. The case highlights the danger of using inexperienced individuals with inappropriate levels of legal training and understanding to prepare a Will, which is one of the most important legal documents to have in place.
Poor and sometimes incorrect legal advice can lead to a Will being prepared that is ambiguous and causes unnecessary upset to all those involved. This could result in the following after your passing
- Costly legal fees paid from your estate – ironing out issues caused by a poorly drafted Will usually requires legal expertise to advise on any unclear, uncertain or ambiguous clauses and in some cases, including this one, direction from the court.
- Delays and stress – court proceedings are often stressful and time-consuming. Seeking directions from the court will cause inevitable delays to the administration of the estate. The Judge in this case spoke about the “untold anguish, substantial expense and delay” caused by the poor drafting of the deceased’s Will.
- Family disputes – unfortunately, it is inevitable that such disputes often lead to a collapse in family relationships.
- Missed tax planning opportunities – with more of us facing an inheritance tax bill on our passing than ever before, it is worth noting that there is perhaps a greater risk of missing tax planning opportunities, such as mitigating an individual’s inheritance tax liability, where untrained Will Writers prepare Wills.
A poorly drafted Will can often cause unintended upset, overthrowing the whole purpose of preparing the Will in the first place.
At JCP Solicitors, our trained and experienced Solicitors and Legal Advisors are experts in preparing Wills. We are also experts in administrating estates of various complexities and are well-equipped to professionally and sensitively advise you in the preparation of your Will and pride ourselves in anticipating and preventing problems before they arise.
Gemma is a Trainee Solicitor in the Lifetime Planning Team and will qualify in October 2025. Gemma has previous experience in Wills and Probate matters, and Residential Property having been a Legal Advisor and a Legal Assistant in these respective teams prior to commencing her training contract.
Gemma is proud of her farming roots having been raised on her family farm in the Vale of Glamorgan. Her passion for farming carries through into her roles as Secretary at Wick and District YFC and the Events and Marketing Chairman for Glamorgan YFC. Gemma is therefore well suited to advising our agricultural clients, blending her knowledge of Lifetime Planning with her knowledge of farming.