When a will is drafted incorrectly, the consequences can be far-reaching, affecting both the testator’s wishes and the beneficiaries. Unfortunately, dodgy will writers – those who provide substandard, non-compliant, or ambiguous will writing services – are a risk that many executors and beneficiaries face.
Common issues with dodgy will writers include:
- Ambiguity: Vague or unclear language can lead to disputes, especially when terms like “personal belongings” are used without specification.
- Failure to meet legal requirements: Incomplete witnessing or incorrect formalities can result in a will being deemed invalid, leaving the estate to be administered according to intestacy laws.
- Overlooking important details: A failure to list assets properly or recognise all intended beneficiaries can leave significant parts of the estate unaccounted for.
The impact on your clients can be profound. Executors may face increased stress and costs as they try to decipher unclear instructions or resolve challenges in court. Beneficiaries may have their inheritances delayed or even jeopardised. In some cases, the will may be contested due to errors made by the will writer, which can lead to lengthy battles.
How to avoid these pitfalls:
- Choose professionals with qualifications: Ensure that your clients use accredited will writers or legal professionals with expertise in estate planning.
- Review the will thoroughly: As a solicitor, reviewing the terms of a will before probate is crucial. Look for vagueness or inconsistencies that could lead to disputes.
- Educate executors: Advise executors on what steps to take if they suspect a will is flawed. Clear guidance early on can save time and avoid costly legal battles.
At Family Wise, we specialise in supporting solicitors by resolving issues arising from poorly drafted wills. Common problems include: no executor being named, the absence of residuary legatees, the creation of a mirror will with a deceased spouse, failure to update the will after recent family events, or improper witnessing of crucial amendments, among other problems.
We can assist in locating at Family Wise, we specialise in supporting solicitors by resolving issues arising from poorly drafted wills.
Whilst the testator thought they had made careful plans, the estate is now a full or partial intestacy, requiring next-of-kin and/or pecuniary legatees to be identified and located.
Contact Family Wise today to see how we can assist you in the fallout from poorly drafted wills.
