A leading Worcestershire law firm is urging families to exercise caution when preparing a Will, warning that the use of unqualified Will writers can lead to costly complications and distress for loved ones.

mfg Solicitors is advising individuals to seek professional legal guidance when putting their affairs in order, highlighting research which shows that more than half of adults in the United Kingdom currently do not have a Will in place.

Careful Planning

Jack Robinson, a senior associate in the firm’s Private Client team, said that consulting a trusted professional is essential to ensure a person’s wishes are properly recorded and legally sound. He warned that relying on unqualified Will writers can result in delays, additional expense and, in some cases, significant anguish for family members.

Mr Robinson explained: “Creating a Will is one of the most important steps you can take to ensure your wishes are respected. A Will ensures your estate is distributed according to your wishes, that your family and dependants are looked after, and that unnecessary disputes are avoided.”

He added that a professionally prepared Will should take a comprehensive view of an individual’s estate. This includes considering property, savings, investments and pensions, as well as digital assets, which may not always form part of the formal estate but can still require careful planning.

Mr Robinson said: “A well-drafted Will created by a qualified professional will look at your estate holistically. This means considering all assets, including property, savings, investments, pensions and even digital assets.”

Cautionary Tale

The warning comes at a time when family structures are increasingly complex. Blended families, stepchildren, cohabiting partners and multiple marriages are now common, and Mr Robinson stressed that these circumstances can significantly increase the risk of disputes if a Will is not drafted clearly and correctly.

His comments follow a recent court case involving the estate of the late Veronica Clarke, in which an ambiguously worded Will led to lengthy litigation. The document had been prepared by an unqualified Will writer and ultimately resulted in a dispute involving 17 defendants.

Mr Robinson said the case demonstrated the serious consequences that can arise from poorly drafted documents. “In the case of Veronica Clarke the Will was badly drafted by an unqualified Will writer. There was a complex family tree of 17 defendants involved and the judge noted that the dispute had caused some of them untold anguish, substantial expense and destroyed family relationships.”

He cautioned that while unregulated Will writing services may initially appear to offer a cheaper option, the apparent savings can quickly disappear.

“While unqualified Will writers might appear to offer a cheaper alternative, there are often hidden costs due to add-ons and unnecessary upsells,” he said.

Seeking Advice

Seeking advice from a qualified professional, such as a solicitor or regulated legal practitioner, offers reassurance that a Will has been properly prepared and meets the necessary legal standards.

Mr Robinson added: “Working with a qualified Will writer such as a solicitor, legal executive or members of the Institute of Professional Will Writers ensures that people’s wishes are honoured and their family is protected.”

He also highlighted several respected professional organisations that individuals can approach when seeking guidance, including the Society of Trust and Estate Practitioners, the Association of Lifetime Lawyers and the Law Society Wills and Inheritance Quality Scheme.

Historic Cases

High-profile inheritance disputes have long illustrated the importance of clear estate planning. The estate of George Michael became the subject of a prolonged legal battle following his death in 2016, while reggae legend Bob Marley died intestate in 1981, sparking a decade-long dispute over his fortune.

Legal precedent has also been shaped by historic cases within trusts and equity law, including Re Gillingham Bus Disaster Fund and Tinsley v Milligan, both of which have helped define how courts deal with issues surrounding trusts and equitable interests.

Local Experts

mfg Solicitors said its guidance comes as many people review their long-term plans and consider how best to safeguard their estates and provide for their families.

The firm is encouraging anyone who is considering writing or updating a Will to obtain professional legal advice to minimise the risk of disputes, delays or unexpected costs after death.

Readers wishing to discuss their Will can contact Jack Robinson by emailing jack.robinson@mfgsolicitors.com or calling 01952 641651.