Legal News | 1.05.25

Unqualified Will writers – problems and pitfalls

A recent case heard in the High Court has highlighted the dangers of using unqualified Will writers, the outcome of which was described as causing “untold anguish” to the relatives of the deceased.

In the case of Tedford v Clarke (2025 EWHC 816 Ch), the High Court concluded that the deceased’s Will had been prepared by an ‘apparently unqualified person holding himself out as a will writer’. The Will included clauses and words familiar to lawyers but in such a way which highlighted the draftsperson’s own limited understanding of their meaning and function. Ultimately, the ambiguous drafting left the executor with no option but to make a costly and time-consuming approach to the Court for guidance on how to interpret the Will before being able to safely administer the deceased’s estate.

The case is a stark reminder of the perils of trying to save expense by using the services of unqualified persons to draft Wills. Sadly, this case is an all too familiar tale. In 2023, STEP (the professional body for inheritance advisors) published a report warning that unqualified and incompetent Will writers were costing people millions in extra tax, causing significant distress and leaving grieving families to deal with the financial and emotional consequences of bad advice. To date, Will writing remains an unregulated activity in England and Wales.

Drafting a Will can be complex and it is crucial that Will writers have recognised qualifications with proven experience and suitable insurance in place. By using a properly qualified Will writer and putting your affairs in order before your death, you can be assured that your loved ones can benefit from your estate hassle free.

Our highly qualified and trained Private Client team would be happy to advise you about your Will so that you may pass this sense of relief on to your loved ones. Please contact us at wealth@wansbroughs.com.