When words fail: The high cost of a poorly drafted will
When words fail: The high cost of a poorly drafted will
A Will is one of the most important legal documents a person can create. It dictates how their assets will be distributed, can name guardians for minor children, and can help avoid lengthy and costly court disputes.
But when a Will is poorly drafted, it can lead to confusion and can cause conflict between loved ones that are left behind.
The recent case of Tedford v Clarke and Others is a timely reminder of the impact of an ambiguous Will. Leah Duffield, partner in our private client team, explains more.
Case background
This case involved a dispute between the executor and the beneficiaries of the estate as to the interpretation of the Will. This dispute was complicated by the fact that the executor was also a beneficiary of the estate.
The Will left the estate to be split between the family of a widow with no children but there was disagreement about what would happen if any family members died before her, and what would happen to their share.
The executor and the family could not come to an agreement as to the interpretation of the Will, as by interpreting it in a certain way, it would mean many family members (including the executor), would not benefit from the estate at all. Therefore, the matter was referred to the court to confirm the correct interpretation.
The court criticised the drafting of the Will and had to take into account statements made by the deceased individual prior to her death to try and determine her intentions when creating her Will. The court determined that the executor’s evidence, along with supportive evidence from other individuals, was “broadly consistent” and therefore ruled in their favour, highlighting a strong sense of ambiguity until the conclusion of this case.
The Will itself was drafted by a professional and is an example of how important it is to use the services of a reputable and experienced legal practitioner.
Judge Cadwallader stated that “this case demonstrates the perils of trying to save expense by using the services of unqualified persons to write wills”.
What can we learn?
A badly drafted Will can cause more harm than good, undermining the very purpose of writing one in the first place. Disputes take time to resolve, depleting the estate through legal fees and reducing what’s ultimately passed on to beneficiaries. With proper legal guidance and clear language, you can ensure your wishes are followed and your loved ones are protected from unnecessary conflict.
Our specialist private client team can help in all aspects of Will drafting.
If you are involved in a dispute, our contentious probate experts can help guide you through the process.
For more information, please contact Leah using [email protected] or 0191 211 7790.