How Tedfork v Clarke & Ors [2025] EWHC 816 (Ch) (14 April 2025) showcases the pitfalls of the unregulated will writers.
In a recent case Tedford v Clarke (2025 EWHC 816 Ch) High Court Judge HHJ Cadwallader issued a warning statement that the outcome of using an inexperienced Will writer “demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.”
The Will of the late Veronica Clarke consisted of ambiguous drafting and vague terms within the Will. The interchangeable and unrecognisable terms of the Will resulted in the executor being forced to make a costly and time-expensive application to the Court for guidance on interpretation of the terms of the Will to allow him to safely administer the estate.
The construction of the Will created uncertainty for the executor, which resulted in him looking to the Court for guidance on how to safely distribute funds to the beneficiaries. As an executor of the estate, it was the only option for him to ensure that he carried out his roles and responsibilities diligently. The aim of a sophisticated and valid Will should be that the Will is clear, concise and leaves no room for uncertainty or possibility of an interpretation other than the exact wishes of the testator/testatrix.
The executor initially took advice (and received agreement) =from the beneficiaries of the estate to collectively decide how to overcome the difficulties faced by the Will. However, the ambiguous wording and multiple ways in which each clause could be interpreted resulted in no agreement being reached. This resulted in an application to the court to end the disputes as to the terms of the Will and provide a coherent framework for the estate administration.
The Judge in this case highlighted several issues as to the drafting, including the interpretation of the core of the estate being the ‘residuary estate’. The residuary estate was defined in a variety of ways in the Will as “my estate”, which was unclear whether this captured all assets and property or a narrow interpretation of just the property. The Judge highlighted that the terms “my estate” was referenced throughout the Will leaving beneficiaries unaware of what they were entitled to inherit.
The facts in this case showcase the importance of taking the right legal advice to draft your will. The upfront cost of instructing a solicitor to prepare your will may seem expensive, but you can save thousands as having a professionally drafted will by an appropriately qualified solicitor.
The perils of trying to save expense on preparing wills can include:
- Exposure to claims
- Inheritance tax liabilities
- No provisions for loved ones in blended families.
This case is a stark reminder of the risks of trying to save cost by using the services of unqualified people to draft Wills. In 2023, STEP (Society of Trusts and Estate Practitioners) posted an article stating that their study showed that a third of respondents came across cases where incompetence led to significantly increased tax bills, with examples of tax charges in the thousands. At Vault Private Client, we understand that no Will is a one size fits all approach. Therefore, it is impossible for a diligent and bespoke Will to be drafted by someone without the relevant experience and qualifications. We understand the intricacies of blended families, intergenerational wealth planning and dealing with business assets that require further protection. Whether it is a review of your current will to ensure that it is fit for purpose, or you wish to put in place a bespoke, affordable yet sophisticated will then please reach out to our trusted solicitors.
If you are an executor and you are faced with a Will that isn’t clear, we are here to help. Being an executor brings with it an obligation to ensure you carry out the wishes of the deceased and throughout act in the best interests of the estate. If you are unsure about the contents of a Will or how to deal with an estate we are here to help. In the main an executor can seek cover for legal costs from the estate and taking action sooner rather than later often saves both stress and expense.
If you would like to find out more about how we can help you, please don’t hesitate to get in touch with a member of our team at [email protected]
