More people have wills than ever before but the High Court issues warning about the use of unqualified will writers

The annual UK Wills & Probate Consumer Research Report 2025 has revealed that 41% of UK adults have written a will, up from 38% in 2024. This translates to roughly 22 million people now having a will, but following a recent case the High Court has issued a warning about the dangers of using unqualified will writers.

The case of Tedford v Clarke & Ors (2025) EWHC 816 (Ch) highlighted the significant risks of using unqualified will writers. Before her death Veronica Clarke used an unqualified individual to draw up her will. This created numerous major problems for the Executor of her estate as the will included so much ambiguity and a lack of clarity, that it became unclear how Veronica intended her estate to be distributed between her beneficiaries.

The Executor attempted to interpret the will and seek agreement between the beneficiaries, but the potential outcome for each beneficiary was so dramatically different depending on how the will was interpreted that in the end the Executor had to apply to the court for guidance on how to distribute the estate.

The Judge, HHJ Cadwallader addressed all the ambiguity and inconsistencies with the will, including whether the use of the phrase ‘my estate’ constituted the whole of the estate, or just the proceeds from the sale of the house. The contradictions in the will were extensive, and the Judge concluded by issuing the stark warning that the case “demonstrates the perils of trying to save expense by using the services of unqualified persons to write wills.”

Aaron Spencer, Head of Private Client at Furley Page, said: “While it is very encouraging to see that more people are writing wills, this case clearly demonstrates the importance of using qualified professionals to do the will writing. This case didn’t involve a particularly large estate, with the proceeds of the house sale amounting to £147,592, but the way the will had been written made it impossible for the executor to do their job.”

While a majority of people still turn to a solicitor to write their wills, there is a growing industry of unqualified will writers in the UK, along with many people taking up the challenge of doing it themselves.

Aaron Spencer continued: “If people recognise the importance of having a will to make sure their estate is managed in accordance with their wishes, then it is imperative that a professional is used when drafting that will to ensure their wishes are actually carried out. An initial investment in legal advice to protect the future will pay dividends in the long term and the value of that investment will be appreciated by executors and beneficiaries alike.

“In the Tedford v Clarke & Ors case there may well have been an initial saving in having the will written, but the subsequent need for legal expertise and direction from the Court will have made a large dent in the estate, as well as causing unnecessary family disagreements.”

If you would like to know more about writing a will, please contact Aaron Spencer or a member of the Private Client team at Furley Page on 01227 763939.