Charity’s Loss Due to Invalid Will Highlights Importance of Trusted Law Firms

A tragic error in witnessing a Will made by a Surrey doctor, which led to significant charities losing out on a £1 million inheritance, serves as a powerful reminder of why trusted law firms are the safest choice when making a Will.

The case, reported in The Times, tells how a simple mistake meant the charities lost out while a director of the will-writing service involved received half of the estate.

A retired doctor, Rosemary Hill, from Sutton, used Legal Love Letters to draft a new Will in the last few days of her life, intending to leave the bulk of her estate to four charities, Médecins Sans Frontières, the Royal National Lifeboat Institution (RNLI), Dogs Trust, and Battersea Dogs & Cats Home.

An error in witnessing her signature meant the will was invalid and the charities missed out. Half of the estate went to one of Hill’s goddaughters, who is herself a director at the will-writing company.

As a result, the charities have filed a professional liability claim against the Will and Probate company.

In 2018, Miss Hill decided to revise her will, allocating a few thousand pounds to some friends and godchildren and leaving the remainder to the charities. The director, who was a goddaughter, and another director of the will-writing company were the executors and trustees.

Unfortunately, an error rendered the new will invalid. The director visited Hill at her home and signed as a witness but needed a second witness sign in Hill’s presence, The document was taken back to the office, where a member of staff signed it -without Miss Hill being present, which rendered the Will invalid.

The error meant a will written a few years earlier was treated as the legitimate Will, even though it didn’t represent Miss Hills wishes at the time she passed away.

This sad case shows that will writing mistakes can have catastrophic effects and highlights a need for better regulation of Will-writing services in England and Wales.

As we have said many times unlike solicitors, Will writers can set themselves up as supposed experts without holding widely recognised legal qualifications.

The legal claim against the will writing company continues, as the charities seek to retrieve the funds.

Remember, a Will is one of the most important documents a person can make and if you need to discuss making one or updating one, please get in touch.