When it comes to planning for the future, writing a will is one of the most important things you can do to protect your loved ones. But not all wills are created equal – and a recent High Court case has starkly highlighted the risks of getting it wrong.
In this case, a will drafted by an unqualified “will writer” led to confusion, expense and the breakdown of family relationships. The judge described it as “badly drafted” and full of terms that looked legal on the surface, but betrayed a poor understanding of what they actually meant.
The fallout? Months of court proceedings, significant legal costs, and painful uncertainty for the family left behind.
So what went wrong and how can you avoid the same outcome?
Can you write your own will or should you use a solicitor?
Yes, it’s possible to write your own will. There are DIY templates available online and low-cost will-writing services out there too. But here’s the reality: unless you understand the legal language and the rules behind it, your will could end up doing the opposite of what you intended.
Even a small mistake, such as an ambiguous phrase, the wrong witness, or a misplaced clause, can lead to legal challenges, family disputes or delays in distributing your estate. And often, the cost of putting it right far outweighs the original savings.
At Belcher Addison, we’re often asked to help clients after something has gone wrong. That’s why we always recommend getting expert advice upfront. A well-drafted will doesn’t just provide peace of mind, it protects your wishes and those you care about most.
What are common will writing mistakes?
Mistakes in a will can take many forms, but here are some we see far too often:
- Unclear or contradictory wording: ambiguity in the words or language can make it hard to know what you really intend.
- Out-of-date references: using outdated terminology or referencing laws that no longer apply.
- Improper witnessing: if your will isn’t signed and witnessed correctly, it may be invalid.
- Leaving people out (accidentally): forgetting to account for stepchildren, new grandchildren, or partners can lead to disputes.
- Relying on vague promises or informal notes: verbal wishes or handwritten instructions may not stand up legally.
How important is legal terminology in a will?
Legal terms in wills aren’t just “jargon” – they serve a purpose. Phrases like “per stirpes” or “issue of my body” might sound old-fashioned, but they carry specific legal meanings that determine how your estate is divided.
Using the wrong term, or using a legal-sounding phrase incorrectly, can completely change the outcome of your will. In the High Court case in question, sections of the will had clearly been copied and pasted from other documents without a true understanding of their effect. The result? Confusion, court action and lasting damage to relationships.
This is why using a qualified solicitor matters. We understand not just the words, but the law behind them.
What does a properly drafted will give you?
It may seem obvious, but a professionally written will is about more than just who gets what. A properly written will provides you with:
- Clarity: so your loved ones know exactly what you intended.
- Protection: from future disputes or legal challenges.
- Peace of mind: knowing your estate will be handled the way you choose.
- Guidance: especially for more complex estates, blended families or vulnerable beneficiaries.
Need support writing or updating your will?
At Belcher Addison, our solicitors take the time to understand your wishes and your family. We’ll draft your will in clear terms, make sure it meets legal requirements, and guide you through every step – no jargon, no stress.
We also offer secure will storage, help with lasting powers of attorney, and advice on estate planning. Whether you’re writing your first will or updating an old one, we’re here for you.
