Should you use a Solicitor to write your Will?

24th Apr 2025

Author: Samuel Dale

As a Firm of legal professionals, our immediate answer will almost certainly be ‘Yes!’

However, that answer is not just based on our position as qualified legal professionals – it is backed by real and recent examples of what can go wrong when Wills are not drafted by regulated professionals. A recent case heard by the High Court, Tedford v Clarke [2025] EWHC 816 (Ch), provides a stark reminder of the risks associated with using unqualified individuals to draft a Will.

What Happened in Tedford v Clarke?

In this case, the deceased’s Will, drafted by an unregulated Will writer, was so poorly prepared that it led to a dispute between family members. The Judge described the Will as being “drafted badly”, noting that it contained errors, outdated references and vague instructions about who should benefit. The result? A costly legal battle, emotional distress for the family and lasting damage to relationships.

The Court’s criticism was clear. The Will had been prepared by someone with no formal qualifications, likely for financial gain, and without the legal expertise required to ensure the document reflected the deceased’s wishes clearly and legally.

This judgment reinforces that writing a Will is too important to leave in the hands of anyone but a qualified legal professional.

Why You Should Instruct a Solicitor to Write Your Will

1. Legal expertise: Solicitors and Chartered Legal Executives are legal professionals who specialise in estate planning and Wills and have years of experience behind them.

We are qualified, experienced and regulated. We understand the law, and we ensure your Will is valid and fully compliant with current legislation. More importantly, we identify potential risks and complexities before they become problems. We will guide you through the process, offer advice, and address any legal complexities or concerns that may arise.

2. Tailored advice: Solicitors and Chartered Legal Executives will provide personalised advice based on your specific circumstances.

No two families are the same. That is why we take the time to understand your unique circumstances – from your assets and debts to your family situation and future goals. We make sure your Will reflects your wishes, clearly and legally.

3. Comprehensive estate planning: A Will is just one part of a broader estate plan. We can advise you on issues such as inheritance tax, trusts, Lasting Powers of Attorney, and care planning. We take a holistic approach to ensure your affairs are in order – not just for now, but for the future.

 

4. Clear and precise drafting: One of the main causes of disputes in Tedford v Clarke was ambiguity. We avoid this by drafting your Will with clarity and precision. When your intentions are unambiguous, it reduces the risk of misinterpretation and helps ensure your loved ones are looked after according to your wishes.

 

5. Ongoing advice and updates: Laws change. Families change. Your wishes may change. Because we are a regulated Firm, you can come back to us at any time for a review. We will let you know if your Will needs updating and make sure it always reflects your current intentions.

 

6. Executor guidance: Choosing an Executor is an important decision. Whether you name a family member or prefer a professional to act on your behalf, we can offer support and guidance to ensure the administration of your estate runs as smoothly as possible.

 

7. Peace of mind: Ultimately, instructing a Solicitor or Chartered Legal Executive to write your Will offers peace of mind that your final wishes will be legally recognised and properly executed. Knowing that your affairs are in order can alleviate stress and ensure that your loved ones are provided for according to your intentions.

 

The case of Tedford v Clarke serves as a powerful warning. A poorly drafted Will can lead to confusion, conflict, and unintended consequences. By contrast, a Will prepared by a qualified legal professional provides certainty and peace of mind.

At Butcher & Barlow we have a team of Solicitors and Chartered Legal Executives across the North West who can help you put your affairs in order and plan for your future and that of your family.  We can offer home visits to those who are unable to get to one of our 12 offices, and we will store your signed Will at no extra cost

For more information on making a Will, you can read our blog: Making a Will – the steps explained.

If you would like an initial no obligation conversation regarding Wills, or would like to instruct us to write your Will for you, contact us on 0161 764 4062 or email us at enquiries@butcher-barlow.co.uk. Alternatively, you can use our contact form – we will be in touch shortly.

 

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.