Four leading charities lost out on a £ 1 million donation due to a costly mistake with a signature on a will. However, the director of the will-writing service received half of the estate.
Rosemary Hill, an 88-year-old woman, used Legal Love Letters to write a new will just days before her death. She left most of her wealth to Médecins Sans Frontières, the Royal National Lifeboat Institution (RNLI), Dogs Trust, and Battersea Dogs & Cats Home.
After Ms Hill, a retired doctor died, an error in witnessing her signature meant the charities missed out completely, and as a result, half of her estates went to one of her goddaughters, who is also a director at Legal Love Letters.
Will-writing firm under fire
It’s been reported that the charities have filed a legal claim against Will & Probate Company for professional oversight. The firm, owned by Cheryl Penry and described as ‘Britain’s best-loved will and probate company’, is based in Carshalton, south London.
The 61-year-old Ms Penry was a friend of the late 88-year-old Ms Hill, who was neither married nor had children. In 2014, Ms Hill made a will with Ms Penry, leaving most of her estate to two goddaughters, one of whom is Nicole McFie, a company director.
Four years later, Hill asked for a new will, leaving £51,000 to friends, godchildren, including McFie, and charities. The rest was split between the charities, half went to Médecins Sans Frontières, a quarter to the RNLI, 20% to the Dogs Trust, and the remainder to Battersea Dogs & Cats Home and McFie and another director were named executors.
As a witness, Ms Penry visited Hill’s home in Sutton, south London, and signed the will. However, she returned the document to the company’s office, where another staff member signed it.
Since Ms Hill wasn’t present for the second signature, it was claimed the signature was invalid. In November 2018, Ms Hill died, and due to the error, the new will was declared null.
Probate was granted based on her 2014 will. The charities, however, argued that Ms Penry should have had another staff member with her to witness the signature or asked a neighbour or member of the public to sign it.
“We are the go-to legacy specialists for will writing, probate and LPAs“, stated the company’s website.
They said thousands of people around the UK have trusted them to handle their legal needs with personal attention and exceptional efficiency for over twenty years. Their advice continues to save people enormous amounts of money and heartache.
Jessica Jamieson, a lawyer at Cripps, warned that while will-writing can seem simple, mistakes can be expensive. She further emphasized that unclear, outdated, or wrongly executed wills can lead to disputes or be declared null, and the need to regulate will writers is a growing concern.
Will writing remains unregulated in England and Wales, meaning anyone can offer the service regardless of qualifications.
Charity 101: Archie Foundation raises over £2 million to support children and families
The four charities’ next steps in the legal dispute
The charities remain dogged in their claim of the £ 1 million donation, and the case highlights the need for more stringent regulations in will writing services. With the donation’s reclaim still in view, it is insightful to know that a simple error can negatively impact organizations that rely on donations to discharge their duties effectively.