The High Court’s decision in Tedford v Clarke & Others [2025] has sent a clear message to anyone considering cutting corners when preparing a will: The cost of using unqualified, unregulated or inexperienced will writers can be devastating, both financially and emotionally, for those left behind.

Background to the Case

Veronica Clarke died in August 2022, leaving behind a will dated October 2014. Her estate was worth approximately £500,000 at the time of her death. The will appointed Mrs. Clarke’s nephew, Henry Tedford, as one of the executors.

The will was not prepared by a solicitor but instead by an individual holding themselves out as a will writer. It contained numerous drafting errors. Key terms were used inconsistently, and references to bank accounts were outdated and unclear. The result was a document that left Mrs. Clarke’s wishes for how her estate to be distributed open to numerous interpretations, all of which were equally valid. This in turn led to bitter disagreements between Mrs. Clarke’s remaining family.

In order to safely distribute the estate Mr. Tedford, quite correctly, applied to court to interpret the will.

Legal Issues and Judgment

The court was asked to interpret several ambiguous clauses, including:

  • Whether “my estate” referred to all of Mrs. Clarke’s assets or just the proceeds from the sale of her house.
  • Whether gifts to “surviving siblings” excluded the children of deceased siblings.
  • Whether references to savings accounts at Abbey National (which even at the time the will was drafted had become part of Santander) were valid.

The Judge ruled that the will should be interpreted in a way that gave effect to the deceased’s intentions. The court considered numerous submissions by way of evidence as to what Mrs. Clarke’s intentions might have been. The process was complicated, expensive, lengthy and stressful for those involved.

Why This Case Matters

The Judge commented that this case “demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.”

The consequences of a poorly drafted will, as demonstrated by this case, can include:

  • Costly litigation to resolve ambiguities, usually running into tens of thousands of pounds;
  • Delays in administering the estate, often lasting years;
  • Family arguments and breakdowns in relationships;
  • Reduced inheritances due to legal fees; and
  • Missed opportunities for tax planning.

Unregulated and Often Uninsured

One of the most concerning aspects of using unregulated will writers is that they are often not insured. This means that if a will is poorly drafted and causes financial loss or legal complications, an estate may have no easy way to recover legal costs or obtain compensation.

Unlike solicitors, who are legally required to carry professional indemnity insurance and are regulated by the Solicitors Regulation Authority (SRA), unregulated providers operate without these safeguards.

The Importance of Professional Advice

Whether you’re making a will for the first time or reviewing an existing one, professional legal advice is essential to protect your legacy and your loved ones. The Tedford v Clarke case demonstrates powerfully that it’s better to spend the extra money to get the job done properly.

The law relating to wills and estates is old and often complicated. The words used when drafting wills often have legal meanings which are different from their common everyday use. In order to give effect to your wishes, a will needs to be prepared by an expert draftsperson using very precise language.

Whilst your intentions might seem obvious to you, you must remember that the will comes into effect only after you have died; this means that you’ll no longer be around to be questioned! Any uncertainty in terms of the assets you’re referring to or who you want to inherit can lead to disputes.

Need Help Drafting Your Will?

At Slater Heelis, our experienced Wills, Trusts and Probate team ensures that your will is clear, legally sound, and tailored to your personal circumstances. We take the time to understand your wishes and family dynamics, helping you avoid the pitfalls that led to the dispute in Tedford v Clarke.

If you’d like to speak to one of our specialist solicitors about preparing or updating your will, get in touch with our friendly and expert team today.

Get In Touch

Paul Baker is an Associate Solicitor in our Wills and Probate team. He specialises in preparing lasting powers of attorneywill drafting and estate administration.

If you’d like to get in touch with Paul or another member of our team, call us on 03300 299 419 or fill out our contact form to arrange a consultation.

Paul Baker

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