Laura Cowan

Four years after drafting a will in 2014 that left the bulk of her estate to her two goddaughters, retired doctor, Rosemary Hill decided to revise her wishes and had a new will drafted by a will-writing company. One of the goddaughters was a director of the will-writing company and an executor of the new will.

Unmarried, and with no children, Rosemary left only a small amount of money to her goddaughters in the revised will, with the bulk of her estate to be divided between four charities: Médecins Sans Frontières, the Royal National Lifeboat Institution, Dogs Trust and Battersea Dogs & Cats Home.

Will not properly witnessed by will-writing company

A representative of the will-writing company visited Rosemary’s home to have the will signed and witnessed.  The representative witnessed Rosemary’s signature but then took the will back to the office, where it was signed by another staff member. As Rosemary was not present for this signature, the will became invalid.  For a will to be valid, two witnesses must sign the will in each other’s presence and in the presence of the testator.

When Rosemary died later that year, the new will was declared invalid due to the issue with the second witness. Consequently, probate was issued on the original 2014 will, which left the majority of the estate to the two goddaughters and nothing to the charities that Rosemary had intended should inherit.

The charities have filed a claim against the will writing company, claiming that the will writer should have been accompanied to Rosemary’s home by another member of staff, or asked a neighbour, so that the will could be properly witnessed. The case is ongoing.

Laura Cowan, head of Graysons’ private client team, says:

“Mistakes like this are common in home-made wills or those where unregulated will writers have been used.  Writing a will may seem straightforward, but there are complex procedures that need to be followed, and this case highlights the importance of using a qualified, regulated professional, such as a solicitor, to ensure that these procedures are followed. Will writing companies are not regulated and do not always use legally qualified people. Nor do they have professional indemnity insurance, which solicitors are bound to hold, and which gives you peace of mind.

“Mistakes can be costly and lead to a will being declared invalid, which in turn can lead to estates going to those to whom they were not intended.”

If you want to write or amend your will and want to be sure that the person you choose is legally qualified to do it, contact our private client experts now. We are happy to discuss your wishes with you and offer advice, should you need it. You can also find out all about making your will on our web pages.

Author: Laura Cowan