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The High Court’s decision in Tedford v Clarke highlights the perils of a poorly drafted Will, offering a clear warning to anyone considering instructing inexperienced and unregulated will writers in an attempt to save costs.
The Facts of the Case
- Veronica (Vera) Clarke died on 11 August 2022, leaving behind a will dated 20 October 2014.
- Clause 3 of the will made gifts of percentages of Vera’s estate to her surviving siblings and those of her late husband.
- Clause 3(iii) made a gift of the proceeds of Vera’s ‘Saving Account held by the Abbey National Bank’ to her surviving siblings or their children.
- At her date of death, Vera’s estate included multiple savings and ISA accounts with Santander (formerly known as Abbey National Bank)
- The construction of the above clauses was disputed, particularly regarding:
- The which accounts were covered by Clause 3(iii)
- Who the beneficiaries were
- What the Vera’s true intention were in amongst the inconsistent and often contradictory provisions used.
- The executor of the estate was left with no choice but to apply to the court to resolve such ambiguities in order to carry out his role in distributing the estate.
The Court’s Decision:
- The Will was described as ‘badly drafted’ with Judge Cadwallader drawing upon the imprecise use of legal terminology, which indicated that the Will was prepared by an ‘unqualified person holding himself out to be a will writer’.
- Despite the issues surrounding the Wills’ construction, the High Court deemed it not meaningless.
- The subjective intention of the deceased was largely ruled inadmissible but where admissible, it was not enough to contradict the court’s idea of construction.
Key Take-away Points:
Ultimately, protecting your estate and ensuring clarity for your beneficiaries and executors is vital. This case stands as a stark reminder of the emotional turmoil, substantial expense, unnecessary delay and damage to family relationships that can follow when corners are cut.
Peace of mind starts with the right professional. At George Green LLP, our experienced Private Client team is here to support you through the process of making or reviewing your Will with care, clarity and expertise. Click here to complete our online enquiry form and take the first step towards securing certainty for you and your loved ones.