When planning for the future, writing a will is one of the most important things you can do to protect your loved ones, and support causes close to your heart. Unfortunately, as a recent story highlights, a seemingly small mistake in a will’s preparation can have devastating consequences.
In the case of 88-year-old Rosemary Hill, a retired doctor who intended to leave the bulk of her £1 million estate to well-known charities like Médecins Sans Frontières, RNLI, Dogs Trust, and Battersea Dogs & Cats Home, an error in witnessing her will meant those charities missed out entirely. Instead, half of her estate went to a goddaughter who is also a director of the will-writing company that drafted the document. This heartbreaking scenario not only disrupted her wishes but has also led to a legal battle, underscoring how critical it is to have your will prepared properly.
The Dangers of Using a Will Writing Company
One of the key takeaways from this case is the importance of working with qualified professionals when preparing your will. Will-writing services like the one used by Ms. Hill are often unregulated, meaning anyone can set up a company offering this service, regardless of their training or expertise. This lack of oversight leaves room for errors, disputes, and even potential conflicts of interest, as illustrated in this situation.
As a solicitor, specialising in Wills, Probate and Wider Estate Planning, I have sadly seen too often how a Will that is unclear, creates ambiguity or has been wrongly executed could be deemed invalid or lead to costly disputes amongst family members and/or those you intended to benefit. For many, they may feel that preparing a Will is a straightforward process, but as the case of Ms Hill demonstrate, even a minor error could invalidate your Will, meaning that your intentions are not followed and that the situation creates unintended consequences.
The Perks of Preparing Your Will With a Solicitor
By using a Solicitor, you are ensuring that you Will is being prepared by a legally trained professional, who is regulated by strict codes of conduct, ensuring their advice is reliable, accurate, and backed up by years of expertise. Solicitors understand the legal formalities of will-writing, including how to correctly witness and execute the document. This ensures that your wishes are legally binding and reduces the likelihood of challenges.
They will ensure that you have a Will that is clear, well-drafted, and less likely to lead to disagreements among beneficiaries or claims of negligence, whilst also providing you advice on how to structure your will to minimise tax liabilities, maximise the value of your estate, and ensure that your wishes are carried out exactly as intended.
Knowing your will has been prepared by a qualified professional gives you and your loved one’s peace of mind that everything has been handled properly.
Ms. Hill’s story is a stark reminder of the potential pitfalls of cutting corners on something as important as your will. Her wish to leave a lasting legacy supporting charities was undone by a simple procedural error.
Writing a will is an act of care for the people and causes you hold dear. While cost or convenience may tempt you to use a budget will-writing service, the consequences of errors can far outweigh the initial savings. Working with a solicitor ensures that your final wishes are respected and reduces the chances of heartache for your loved ones.
Get in touch with our team
If you haven’t prepared your will or want to ensure that your existing one is legally sound, it’s never too late to seek professional advice. Your legacy deserves nothing less than the utmost care and attention. If you’re unsure about the status of your will or need help with its revision, don’t hesitate to reach out to our Wills, Life Planning, and Probate team. Contact us.