The hidden cost of a cheap will: Why it pays to use a qualified professional

In the case of Veronica Clarke (Deceased), the Court was asked to intervene after her will, drafted by an unqualified individual, created significant uncertainty. The document was so poorly drafted that it became impossible to determine exactly how her estate should be distributed. Her nephew, who had been named executor, found himself in a difficult position: some interpretations of the will would benefit him personally, while others would not.

To avoid making a potentially unlawful distribution, he had no choice but to bring a Part 8 Claim before the Court for clarification. Judge Cadwallader, who heard the case, remarked that the executor had acted correctly and neutrally, seeking the Court’s guidance rather than advancing his own interest. However, the Judge also made an important observation, and one that serves as a cautionary tale:

“This case demonstrates the perils of trying to save expense by using the services of unqualified persons to write wills.”

What Went Wrong?

The will in question lacked clarity and legal precision. It contained contradictory or ambiguous clauses, which meant the executor was unable to carry out the deceased’s wishes with confidence. This created delays, legal costs, and considerable stress, not only for the executor but for the wider family.

Why a Qualified Professional Makes All the Difference

A qualified solicitor or legal adviser will take the time to understand your family and financial circumstances. They are trained to draft documents that are legally sound, unambiguous, and most importantly, reflect your true intentions. This will also help to:

• Prevent disputes between beneficiaries
• Avoid costly court proceedings
• Ensure your estate is distributed as you wish
• Provide peace of mind for you and your loved ones

What You Can Do Today

If you already have a will but are unsure of its quality or wording, it’s worth having it reviewed by a qualified professional.  If you haven’t yet made a will, don’t put it off or leave it to chance. A will is one of the most important documents you’ll ever sign, and it deserves proper care and expertise.

Our Wealth Preservation Team ensures your wishes are clearly documented and your estate is protected, giving you peace of mind that the right people will benefit when the time comes.