The risks of using an unqualified Will writer

Making a Will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after your death. Yet the quality of the Will itself is vital.  A document that is poorly drafted or unclear can create confusion, spark a dispute, and leave loved ones facing unnecessary stress and expense.

Recent court cases, including Tedford v Clarke & Ors [2025] EWHC 816 (Ch), have highlighted the dangers of relying on an unqualified Will writer, and this case shows why expert legal advice is so important.

When you instruct a solicitor to draft your Will, you know they are properly trained, regulated, and insured. With an unqualified Will writer, you simply do not have those protections - and unfortunately, as the Tedford case shows, the consequences can be very damaging for families.

No formal qualification is needed to prepare a Will - you can even draft one yourself. However, Wills are governed by a complex body of legislation and case law, and what seems straightforward can easily give rise to hidden pitfalls, disputes, or unintended tax consequences.

Some Will-writing services are offered by individuals who are not solicitors and who may not be supervised by one. Such Will writers sometimes rely on template clauses and may have limited training within a narrow field. Unlike solicitors, they are not necessarily regulated by a professional body and may not be subject to an independent complaints process if things go wrong.

While some Will writers do carry professional indemnity insurance, this is not always the case which means there is no guarantee of financial protection if mistakes are made. The key difference is accountability: with a solicitor, there is always the reassurance of professional oversight, insurance, and a regulator to turn to if problems emerge.

The Tedford case; a judicial warning

In Tedford v Clarke & Ors the High Court had to examine a Will, which contained a series of critical errors that created ambiguity and omissions, in order to determine how the estate should be distributed.

Numerous clauses in the Will were unclear, for example:

• The testator wanted to leave her savings account with Abbey National Bank to her siblings.  However, Abbey National Bank had become Santander before the Will was signed, which meant the court had to determine if the gift failed or whether the Santander account was included.
• The testator held several savings accounts, but the Will only referred to the one account with Abbey National Bank.  So, the court had to determine if the money held in only one of the savings accounts would pass to her siblings or whether the clause included all of her savings accounts.
• There was ambiguity around the use of the word ‘surviving’ in the Will and some of the Will maker’s siblings had already died (before the testator) leaving their children, so the court had to decide whether those children should inherit in their parents’ place.
• The Will also included a general gift of ‘my estate’ to a named beneficiary, even though specific assets had already been given elsewhere. The court had to decide whether ‘my estate’ should be given its ordinary meaning (all the testator’s property) or a narrower meaning (to take into account the gift of specific assets).

Because of the lack of clarity, the family had to bring a Part 8 claim asking the court to interpret the Will. The court examined evidence to try to discern the testator’s likely intentions, but this came at significant financial and emotional cost to the family.

The judge noted that the errors had directly caused the dispute, saying the Will was prepared by an ‘apparently unqualified person holding himself out as a Will writer perhaps for money’’ and that this ‘case demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills’.

The Tedford case illustrates the dangers of cutting corners in Will preparation. A Will is not just a formality: it is a legally binding document that demands legal expertise, careful structuring and precise wording.

The risks in practice

The Tedford case shows how easily ambiguity can creep into a poorly drafted Will. When instructions are not captured clearly, or when legal formalities are overlooked, your wishes may not be fulfilled as you intended. Sometimes a Will can even be declared invalid, leaving your estate to be distributed under the intestacy rules rather than in line with your wishes.

Unclear wording also opens the door to a family dispute. Instead of a smooth process at an already difficult time, relatives may find themselves drawn into disagreements that escalate into costly and stressful litigation. At a moment when families need certainty and support, ambiguity in a Will can make matters far worse.

There are financial consequences too. Without proper legal advice, important tax planning opportunities can easily be missed. This can leave families with a larger inheritance tax bill than necessary, eroding the value of the estate and depriving loved ones of assets that could have been preserved.

Perhaps the most troubling risk can be the lack of accountability. A solicitor is regulated and insured, which means there are safeguards in place if problems occur. For an unqualified Will writer, there may be no independent body to complain to and no guarantee that compensation will be available. You may be left exposed at precisely the moment when protection is most needed.

Why a solicitor makes the difference

Choosing a solicitor ensures that your Will is drafted with both legal precision, experience and practical foresight. A solicitor is trained to spot potential issues, whether that involves family circumstances that could cause conflict, vulnerable beneficiaries who need special protection, pitfalls to avoid or tax considerations that might otherwise be overlooked.

Every solicitor is also bound by professional obligations, regulated by the Solicitors Regulation Authority, and insured to protect clients if problems do arise. As part of these obligations, solicitors must keep their knowledge up to date through continuing professional development (CPD). This means they are required to maintain and refresh their legal skills, including staying aware of developments in case law and legislation, so that clients can be advised with confidence that the guidance reflects current law and best practice.

This combination of expertise, accountability, and protection gives you confidence that your wishes will be respected and your family safeguarded.

A well-drafted Will is not just about dividing assets; it is about minimising the risk of dispute, ensuring tax efficiency, and providing peace of mind. By choosing a solicitor, you are making sure your estate is handled smoothly and in line with your intentions.

How we can help

Our Private Client team is experienced in advising on all aspects of Wills and estate planning. We take the time to understand your family circumstances and prepare a Will that reflects your wishes clearly and effectively. We ensure that your estate is structured in a way that reduces risk, minimises the chance of disputes, and provides certainty for those you leave behind. We can also support your executors and family when the time comes, helping them navigate the process with confidence and clarity.

For expert advice about making or updating your Will, contact a legal adviser in our Private Client team at one of our offices – York, Selby, Malton or Pickering.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.