Tedford v Clarke & Ors
The High Court’s decision in Tedford v Clarke & Ors [2025] EWHC 816 (Ch) stands as a stark reminder of the dangers associated with using unqualified, unregulated, or low-cost will writers. What began as an attempt to save money resulted in a significant legal dispute when a will drafted by an untrained individual contained serious errors and ambiguities, ultimately leading to a costly and emotionally draining conflict among family members.
What Went Wrong in Tedford v Clarke & Ors?
The case concerned the estate of Veronica Clarke, who died in 2022. Her 2014 will had been drafted by someone presenting themselves as a will writer, despite having no legal qualifications. The document contained multiple fundamental problems, including:
- unclear and imprecise wording
- inconsistent and contradictory provisions
- a lack of supporting evidence demonstrating the testator’s true intentions
As the individual lacked proper legal training, vital aspects such as statutory requirements, capacity considerations and appropriate record-keeping were mishandled.
The ambiguity in the will was so severe that it became impossible to determine with certainty who should inherit the estate. Disagreements among the beneficiaries quickly escalated, and the executor had no option but to apply to the Court for guidance on how the will should be interpreted. The Court had to reconstruct the deceased’s intentions, a step that would have been unnecessary had the will been professionally drafted.
The Judgment
His Honour Judge Cadwallader, who heard the case was highly critical of the drafting. He noted that the legal terminology used demonstrated “a limited understanding of their meaning and function and of the underlying body of law.” He also observed that the poorly prepared document had caused “untold anguish, substantial expenses and delay and destroyed family relationships.”
The Judge offered a clear warning to anyone considering cheaper, unregulated alternatives:
“This case demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.”
Why Unqualified Will Writers Pose Serious Risks
Low-cost will-writing services may appear attractive, but they often lack the protections and standards clients reasonably expect. The Tedford case highlights several key risks:
- No regulation or minimum training requirements
- No obligation to carry professional indemnity insurance
- Limited understanding of complex estates, tax planning, or trusts
- Higher likelihood of disputes arising from errors or ambiguities
- Absence of professional protocols for assessing capacity or undue influence
These shortcomings can result in prolonged litigation, increased costs and, in some cases, invalid or partially invalid wills.
How Solicitor-Drafted Wills Avoid These Problems
A will prepared by a qualified solicitor provides essential safeguards, including:
- Precise and legally robust drafting tailored to individual circumstances
- Correct execution procedures and full compliance with statutory requirements
- Expert advice on tax, trusts, guardianship, and asset protection
- Secure and comprehensive record-keeping, including evidence of instructions, capacity, and intentions
- Full professional indemnity insurance
- Oversight from a regulated profession with strict ethical and legal obligations
Solicitors also take a holistic view of estate planning, ensuring that wills, lifetime gifts, property arrangements, and family considerations are consistent and effective.
Protecting Your Wishes – How LBMW Can Help
The judgment in Tedford v Clarke & Ors demonstrates the significant risks involved in relying on DIY or budget will-writing services. What may seem like a saving upfront can often result in drawn-out disputes, increased costs, and irreparable damage to family relationships. Obtaining expert legal advice is not simply advisable, it is essential. A will is too important to leave to chance.
Our specialist Private Client team at LBMW offers expert guidance on will drafting, estate planning, probate, and contentious estate disputes. We ensure that your wishes are accurately recorded, legally valid, and fully protected from the kinds of problems highlighted in the Tedford case.
If you would like to update your will, prepare a new one, or review a document drafted by a will writer, we are ready to help.
If you have any concerns or questions about anything raised in this article then please contact Megan Morgan in the Private Client Department who will be happy to assist you.