When wills go wrong
A recent example that came up on a training course was the case of Tedford v Clarke, a dispute over a Will drafted by a will writer that made so little sense it had to be interpreted by the courts. What should have been a straightforward expression of someone’s final wishes instead became a legal puzzle — one that could only be solved at great expense and emotional cost.
This is not an isolated case. We’ve seen homemade Wills and those prepared by non-specialists containing unclear wording, invalid clauses, or incorrect witnessing — all of which can render parts (or all) of the Will ineffective. The old saying “pay cheap, pay twice” really does apply here.
Why specialist advice matters
When you instruct a solicitor specialising in Wills and Probate, you’re not just paying for a document — you’re paying for the expertise behind it. We ensure your Will reflects your wishes, complies with the law, and anticipates potential complications. That’s especially important for people with international connections or assets in more than one country.
For instance, we recently helped a family secure an Irish Grant of Probate based on an English Will, because the deceased owned assets in Ireland but had not made a separate Irish Will. The process involved preparing an Affidavit for the Irish Probate Registry — something that requires both an understanding of English Will law and the formalities of Irish procedure. It must be sworn before a Notary, which creates a nice link between our Private Client team and our Notarial Services.
Finding a solicitor who can handle both English and cross-border probate matters is not always easy, but it makes a real difference when families are trying to deal with complex estates efficiently and correctly.
Don’t forget your digital assets!
Another area that’s increasingly important is digital assets — from online bank accounts and investments to social media, photos, and cloud storage. Many people don’t realise how difficult it can be for executors or family members to access or close these accounts after death without clear instructions.
We’ve created a Digital Assets Guide to help clients think about what they own online and how best to manage it within their estate planning.
The bottom line is, your Will is one of the most important documents you’ll ever sign. It deserves proper, qualified advice. Whether it’s ensuring your Will is valid and clear, dealing with overseas assets, or safeguarding your digital legacy, taking the time to do it right now can save your loved ones unnecessary stress, cost and confusion later on.
For more information, contact Downs Solicitors to see how we can help.
If you’d like to review your current Will, or you’re considering making one for the first time, our Private Client team is here to help — with experience across both UK and international matters, and the expertise to give you peace of mind.
Contact Joanna Pashley
