Wildcat Law

01/06/2026

We often see posts from people asking why solicitors firm's charge so much for Will writing when you can do it yourself for free, or use an unregulated "Will writer" for less than £100. So We thought it might be useful to put together some of the common problems our probate team have seen where Wills have gone wrong either by DIY or through using "Will writers".

1. Incorrect witnessing (the most common fatal error)

A will must be signed by the testator in the presence of two witnesses who are present at the same time, and the witnesses must then sign in the testator's presence.
Common mistakes:
• Witnesses sign on different days.
• One witness is not present when the will is signed.
• The testator signs alone and later asks people to witness it.
• Witnesses do not actually see the signature being made or acknowledged.
• Only one witness signs.
• Signatures are added later without a proper witnessing ceremony.

Potential consequence: the entire will may be invalid.
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2. Using beneficiaries as witnesses

Many DIY will makers ask family members to witness the will.
If a beneficiary witnesses the will, or the spouse/civil partner of a beneficiary witnesses it, the will itself usually remains valid but that beneficiary's gift can fail.
Common examples:
• A son witnesses a will that leaves him the house.
• A daughter's husband acts as a witness.
• An executor-beneficiary witnesses the will.

Potential consequence: the intended inheritance may be lost.
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3. Making handwritten changes after signing

People frequently:
• Cross out names.
• Write new gifts in margins.
• Change percentages.
• Alter executor details.

Changes made after ex*****on generally require the same formalities as the original will. Unwitnessed alterations may be ineffective.

Potential consequence: the original wording remains effective, or disputes arise over what was intended.
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4. Marriage after making the will

A surprisingly common DIY mistake is failing to appreciate that marriage generally revokes an earlier will unless it was drafted in contemplation of that marriage.
Typical scenario:
• Person writes a will leaving everything to children.
• Later marries.
• Never updates the will.

Potential consequence: the old will may be revoked entirely.
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5. Ambiguous wording

Untrained drafters often use language that seems clear to them but is legally uncertain.
Examples:
• "I leave my house to my children."
o Which children?
o In equal shares?
o What if one dies first?
• "I leave my savings to my family."
o Who counts as family?
• "My partner gets everything."
o Which partner if relationships change?

Potential consequence: costly probate litigation to determine meaning.
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6. Failing to deal with the residue of the estate

A common amateur error is listing specific gifts but forgetting everything else.
Example:
• £10,000 to niece.
• Watch to nephew.
• Car to friend.

But no clause dealing with the remainder of the estate.

Potential consequence: part of the estate passes under intestacy rules rather than under the will.
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7. No substitute beneficiaries

DIY wills often say:
"I leave my estate to my wife."
But fail to answer:
What happens if she dies first?
Professional drafts usually include fallback provisions.

Potential consequence: unintended intestacy.
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8. Poor identification of beneficiaries

Examples:
• Using nicknames.
• Misspelling names.
• Referring to people vaguely.
• Forgetting to identify charities properly.

This is a common DIY problem.

Potential consequence: uncertainty and estate disputes, delay, or failed gifts.
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9. Failure to revoke previous wills

DIY wills sometimes omit a clear revocation clause.
Result:
• Multiple wills found after death.
• Confusion about which document governs.

Potential consequence: probate disputes and construction proceedings.
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10. Inadequate provision for executors

Common mistakes:
• No executor appointed.
• Executor has died.
• Executor lacks capacity.
• No substitute executor named.
• No clause allowing for substitute executors to be appointed.

Potential consequence: additional court applications and delay.
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11. Capacity and undue influence issues

Unregulated will writers often lack training in assessing testamentary capacity and spotting coercion.
Warning signs:
• Elderly testator with cognitive decline.
• Relative answering all questions.
• Beneficiary present throughout instructions.
• No attendance notes kept.

A will requires the testator to be of sound mind and acting voluntarily.

Potential consequence: a later challenge alleging lack of capacity or undue influence.
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12. Failure to keep evidence of ex*****on

Solicitors typically keep:
• Attendance notes.
• File records.
• Witness details.
DIY wills often have none of this.
Years later:
• Witnesses cannot be found.
• Witnesses cannot remember the signing.
• Signatures are challenged.

Potential consequence: expensive evidential disputes during probate.
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13. Not accounting for blended families

DIY wills are particularly risky where there are:
• Stepchildren.
• Second marriages.
• Cohabiting partners.
• Children from different relationships.

Potential consequence: outcomes that differ dramatically from the testator's intentions and/or expensive legal challenges.
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14. Digital-only or improperly executed online wills

People sometimes assume:
• A PDF saved on a computer is enough.
• An electronic signature is sufficient.
• An online form automatically creates a valid will.

Current law in England generally requires a properly executed written will with the statutory signing formalities.

Potential consequence: no valid will at all.
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15. Using a template that does not fit the circumstances

The classic DIY problem is using a generic template for a non-generic estate.
Examples:
• Business ownership.
• Foreign assets.
• Trusts.
• Agricultural property.
• Inheritance tax planning.
• Vulnerable beneficiaries.

Potential consequence: technically valid will, but ineffective or damaging estate planning.

The financial cost of getting a Will wrong often far outweighs the cost of instructing a professional at the outset.
The emotional cost of getting a Will wrong is beyond calculation - losing a loved one and having to spend months and years unravelling a difficult estate is not something anyone should have to go through.

15/04/2026

🚨 We’re Hiring: Consultant Civil Law Solicitor ⚖️

Looking for your next move in civil law—with flexibility and autonomy? This could be the opportunity you’ve been waiting for.

We’re on the lookout for a talented Consultant Civil Law Solicitor to join our growing team.

✨ What we offer:
• Flexible, consultant-based working
• Autonomy to manage your own caseload
• Supportive and collaborative environment
• Competitive fee-sharing structure

🔍 What we’re looking for:
• Strong experience in civil law
• A client-focused, proactive approach
• Ability to work independently while staying connected with the team
• A desire to grow your practice with the right support behind you

If you’re ready to take control of your career while being part of a forward-thinking firm, we’d love to hear from you.

📩 Get in touch or message us directly to find out more.

09/04/2026

Losing a loved one is tough, but helping a loved one who has lost capacity can be one of the most difficult things anyone has to deal with.

Where there is no LPA in place this can be even harder. When a person loses capacity they also lose access to their finances. They can't authorise loved ones to pay bills or withdraw cash. They can't even approve that money be spent on care bills. So what can loved ones do to access their money?

There is a way. It is more drawn out and restricted than an LPA but it does allow for essential bills to be paid. So what is it?

An application to the Court of Protection.

If you need advice or assistance contact our team today to find out how we can help you.

27/03/2026

Thinking of going into business with a friend, sibling, or that “very reliable” mate from the pub? 🍻

Fantastic idea… until it isn’t.

One of the most common issues we see at Wildcat Law is partnerships that start with a handshake, a lot of enthusiasm, and absolutely no partnership agreement. Fast forward a few months (or years), and suddenly you’re arguing over who owns what, who does what, and why Dave thinks he deserves 70% of the profits for “moral support.”

And here’s another classic… the small business that quietly becomes a very successful one... more clients, more revenue, maybe even staff... but still no partnership agreement and no LLP structure in place. At that point, the stakes are much higher, and so are the risks. You’re no longer arguing over a side hustle… you’re potentially risking a serious business (and serious money).

Here’s the not-so-funny bit: without a written agreement, your partnership is automatically governed by the Partnership Act 1890. Yes, 1890. Back when Queen Victoria was on the throne and nobody had ever heard of Wi-Fi, start-ups, or side hustles.

Under the Partnership Act 1890:
👉 Profits are shared equally - regardless of who put in more time, money, or effort
👉 Every partner has equal say in decisions
👉 Any partner can dissolve the business at any time
👉 And if a partner dies… the partnership is automatically dissolved

Which means, at an already difficult time, the business can be thrown into uncertainty. Accounts need to be settled, assets valued, and the deceased partner’s share dealt with - often involving their estate or family members who were never part of the business in the first place.

In other words… you’re leaving some pretty big (and potentially expensive) decisions up to a 130+ year-old rulebook.

A proper partnership agreement - or moving to an LLP where appropriate - lets YOU decide how things work, protects the business as it grows, and plans for the unexpected.

At Wildcat Law, we help small businesses put clear, practical agreements in place so you can focus on growing your business, not arguing about it.

If your business has grown but your legal setup hasn’t caught up, now is the time to fix it - before things get awkward (or costly).

📩 Drop us a message or get in touch for a friendly chat.

Because the only surprises in your business should be good ones.

19/03/2026

Buying a property with cash can often be more complicated than using a mortgage.
Why is that?
Because of source of wealth checks.

For many investors purchasing a buy to let property with cash is a common occurence. However some investors struggle when asked to evidence the source of funds and can get frustrated when asked to produce pages of bank statements and invoices.

Individuals who are particularly likely to hit issues are those without a traditional source of income. Those who are self employed or in partnerships commonly have issues, especially where they have experienced a significant influx of wealth in a short period of time. Ie their business has been particularly successful!

There are ways to make things easier, such as using an accountant to maintain management accounts and audit records. Tax records really help.

You could also ensure all the funds for a purchase and associated costs, are in a single account. This will simplify matters.

Make sure you can clearly explain where funds came from, it is not enough to just show bank records, how did the money get into the account?

If you need expert help contact our team. We specialise in complex finance arrangements for purchases.

17/03/2026

We think our team are excellent, the Legal 500 seem to agree with us, but don't take their word or ours for it, this is what one happy client had to say:

"I found Tahina Akther, Alison Marlow and Aimee Paulter at Wildcat Law after being disastrously let down by a previous law firm. Immediately Tahina responded to my enquiry and within minutes I was completely reassured that not only had I found an extremely competent firm Tahina was also so personable and spoke as a human with excellent knowledge as well as compassion. As I am a woman who has been through DV finding a law firm who actually listened to me without patronising comments was a huge relief. Alison Marlow became my solicitor along with Aimee Paulter,

Alison and Aimee have been a huge support even emailing to see how my mother was as she had been very unwell. For me having women supporting women is paramount. Their expertise and calm manor is something rare today, this firm is re inventing the wheel, you have the expertise of Tahina a top barrister and Alison Marlow solicitor all under one roof, there is no having to find a separate barrister who has no knowledge of your case everything is is in house which is just a revelation. I would not hesitate in recommending Tahina Alison and Aimee."

10/03/2026

What would happen if tomorrow… you couldn’t make your own decisions?
It’s not something any of us like to think about. But illness, accidents, and unexpected life events don’t check your age first.
In England, if you lose the ability to make decisions and don’t have a Lasting Power of Attorney (LPA) in place, the people who love you most may not be able to help you. Your family could face a long, expensive, and stressful court process just to manage your finances or make important choices about your care.
And here’s the truth many people don’t realise:
LPAs aren’t just for older people.
We’ve seen clients in their 20s, 30s and 40s whose lives changed overnight through accidents or sudden illness. The families who had an LPA in place could step in immediately. The ones who didn’t… were left powerless at the worst possible moment.
An LPA means you choose:
✔ Who can make decisions for you
✔ Who you trust to protect your finances
✔ Who can speak for you about your health and care
It’s not about expecting the worst.
It’s about protecting the people you love from chaos if the unexpected happens.
At Wildcat Law, we help you put the right protection in place with clear advice and a straightforward process.
Because the best time to set up an LPA isn’t when you need it.
It’s while you still have the choice.
📩 Contact us today.

Call now to connect with business.

04/03/2026

Why Traditional Conveyancing Is Failing Clients — And How Wildcat Law Is Doing It Differently

The conveyancing process in England has become synonymous with delay, frustration and poor communication. For many buyers and sellers, what should be an exciting milestone turns into weeks, sometimes months, of uncertainty.

At Wildcat Law, we believe clients deserve better.

The Problems With Traditional Conveyancing Firms

Across England, the same issues arise time and time again:

1. Excessive Delays
It is now common for transactions to take 12–18 weeks or longer. Much of this is due to overloaded fee earners managing hundreds of files at once, meaning your transaction competes for attention.

2. Poor Communication
Clients frequently report unanswered calls, delayed email responses, and little clarity about what stage their matter has reached. When communication is reactive rather than proactive, stress inevitably increases.

3. Volume-Driven Models
Many traditional firms operate on a high-volume, low-margin basis. Fixed fees often mean the only way to remain profitable is to increase caseloads, reducing the time available per client.

4. Lack of Personalisation
Transactions are often processed through rigid workflows with little regard for the nuances of the property, the chain, or the client’s circumstances.

5. Inexperienced Handling
In high-volume environments, much of the file handling may be delegated, with limited senior oversight unless a problem arises.

6. One-Size-Fits-All Processes
Every transaction is treated the same whether it’s a straightforward freehold purchase or a complex leasehold with title defects and a fragile chain.

The Wildcat Law Approach: Bespoke, Face-to-Face, Focused

Wildcat Law was founded on a different principle: quality over quantity.

Smaller Caseloads, Greater Attention

Our conveyancers deliberately maintain smaller caseloads. That means:

Your file is not one of hundreds.

Calls and emails are returned promptly.

We know the details of your transaction without taking a week to get back to you.

Potential issues are spotted early, not at the last minute.

When a transaction requires momentum, it gets it.

Face-to-Face Accessibility

Unlike many firms that operate entirely remotely, or where you struggle to see someone, Wildcat Law offers a genuine face-to-face conveyancing service.

You can:

Sit down with your conveyancer.

Review documents together.

Ask questions in real time.

Gain clarity on complex legal points without jargon or delay.

Property transactions are significant financial commitments. We believe they deserve real conversations — not automated updates.

A Bespoke Service for Every Transaction

No two transactions are the same. We tailor our approach to:

The specific property (freehold, leasehold, new build, shared ownership, unregistered land).

The structure and strength of the chain.

The client’s timescales.

Any title or planning complexities.

Rather than applying a template process, we build a strategy around your matter.

Proactive, Not Reactive

Because we are not overwhelmed by volume, we can:

Raise focused, meaningful enquiries.

Liaise directly and constructively with other solicitors.

Keep estate agents informed where appropriate.

Drive the transaction forward rather than waiting for others.

Your matter is handled with appropriate senior input throughout. Complex issues are addressed early, reducing the risk of late-stage surprises.

The Result: Certainty, Clarity, Control

At Wildcat Law, our clients consistently tell us they feel:

Informed

Supported

Confident

In control of their transaction

Conveyancing in England may be systemically slow and fragmented but your experience does not have to be.

If you value:

Direct access to your lawyer

Smaller caseloads and focused attention

A tailored approach to your specific transaction

The option to meet face-to-face

Wildcat Law offers a different standard of service.

Because your property move deserves more than a processing line.

09/02/2026

We are proud to be recognised by The Legal 500 for:
✔️ Lawyer & Team Quality
✔️ Billing & Efficiency
✔️ Sector Knowledge

At Wildcat Law, this recognition reflects what our clients value most: expert lawyers who understand your needs, clear and efficient pricing, and a team that gets results without unnecessary complexity.

If you’re looking for a straight-talking, SRA-regulated law firm in England that combines legal excellence with commercial sense, we’d love to talk.

03/02/2026

We often have clients enquiring about putting their home into trust or where they have already done so and need help. Getting this wrong can be very costly.

So we thought it might be helpful to write an article about why this can be such a bad idea.

*This is intended as a summary piece and should not be relied on for any specific scenario. In all cases you should always seek specific legal advice for your circumstances.*

Putting your home into Trust.

If the settlor (the person creating the trust) also becomes the life tenant, or continues to live in the property without paying full market rent, they are still enjoying the trust property in substance.
This is critical for tax purposes.
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Inheritance Tax: Gift with Reservation of Benefit (GWR)
(a) The GWR Rules
Under Finance Act 1986, s.102, a transfer is a gift with reservation of benefit if:
• the settlor gives away an asset, but
• continues to enjoy a benefit from it.
Living in a house after placing it into trust without paying a full market rent is a classic example of a GWR.
(b) Application to a Trust
If a settlor:
• transfers their home into a trust, and
• continues to live there rent-free or at undervalue,
then:
• the transfer is not effective for IHT purposes, and
• the property is treated as still part of the settlor’s estate on death.
So:
• No IHT mitigation is achieved, even if the trust was created many years earlier.
• The trust fails in its main estate-planning purpose.
(c) Pre-Owned Assets Tax (POAT)
If GWR rules are somehow avoided (e.g. via complex structuring), Schedule 15 Finance Act 2004 (POAT) may apply instead, imposing an annual income tax charge based on the rental value of the property.
So the settlor is taxed anyway.
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Capital Gains Tax Problems
(a) Loss of Principal Private Residence (PPR) Relief
If an individual owns and lives in their home:
• CGT is usually avoided on sale due to Principal Private Residence relief (TCGA 1992, s.222).
However, once the house is transferred into a trust:
• the trust, not the individual, owns the property;
• PPR relief may be unavailable, unless very narrow conditions are met (e.g. certain disabled beneficiary trusts).
If the property is later sold:
• CGT is charged on the trust, at the trust rate (currently up to 28%) on residential property,
• with only a small annual exemption, much lower than for individuals.
(b) No CGT “Uplift” on Death if GWR Applies
Because a GWR means the property is still treated as part of the settlor’s estate:
• there may be a CGT uplift on death,
• but this merely confirms that no effective lifetime planning occurred.
If the trust continues after death, future gains will still be taxable within the trust regime.
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Practical and Legal Unsuitability
Putting all this together, a trust is unsuitable where the settlor lives in the property because:
1. IHT planning fails due to GWR rules.
2. Potential POAT income tax charges may arise annually.
3. CGT exposure increases, with potential loss of PPR relief.
4. The settlor has effectively:
o given up legal ownership,
o gained no tax advantage,
o and possibly worsened their tax position.
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Local Authority Care Home Fee Assessments - Deprivation of Assets
(a) What Counts as Deprivation?
Deprivation occurs where:
1. A person deliberately reduces their assets, and
2. A significant operative purpose was to avoid or reduce care charges.
Placing a house into a trust is a classic red flag, particularly where:
• the settlor continues to live in the property,
• the trust was created while the settlor was older or had foreseeable care needs.
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(b) Continued Occupation Is Highly Relevant
If the settlor:
• lives in the house both before and after the transfer, and
• gains no commercial benefit from the arrangement,
local authorities are likely to conclude:
• the settlor still treats the property as their home, and
• the transfer was artificial for means-testing purposes.
This mirrors the GWR analysis in tax law and reinforces the deprivation argument.
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Consequences of a Deprivation Finding
If a local authority decides that transferring the home into a trust was a deprivation of assets, it can:

(a) Treat the Property as Notional Capital
Under s.70 Care Act 2014 and Annex E:
• the authority can assess the settlor as if they still own the property,
• meaning they are treated as a self-funder regardless of the trust.
So:
• no protection from care fees is achieved, even if legal ownership has changed.

(b) Pursue the Trustees or Beneficiaries
Where assets have been transferred to a third party:
• the local authority may seek recovery of care costs from:
o the trustees, or
o the beneficiaries,
under s.70 Care Act 2014.
This can place trustees in a difficult legal and personal position.
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Timing Does Not Guarantee Safety
A common misconception is that:
“If the trust was set up years before care was needed, it’s safe.”
This is not correct.
Local authorities look at:
• the foreseeability of care needs, not merely timing.
Given that:
• ageing itself makes care needs foreseeable,
• especially where the settlor was already retired or elderly,
an IIP trust of the settlor’s home is highly vulnerable to challenge.
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Interaction with a Trust Structure
An Interest In Possession (IIP) trust may be especially weak for care fee planning because:
• the settlor often remains the life tenant, reinforcing continued benefit;
• there is no genuine loss of enjoyment or control;
• the arrangement looks contrived when assessed in substance, not form.
Local authorities are directed to consider the reality of the arrangement, not just the legal paperwork.
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Comparison with Will Trusts
By contrast:
• an IIP trust created on death (e.g. a spouse life interest trust in a will):
o does not involve deprivation by the deceased,
o is generally respected for care fee purposes for the survivor,
o because the survivor never owned the deceased’s share outright.
This highlights why lifetime IIP trusts are far more problematic.

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When Trusts Are Appropriate
Trusts may be suitable where:
• the settlor does not continue to benefit from the property;
• for example, providing a life interest for a surviving spouse under a will;
• or where the property is an investment asset, not the settlor’s home.

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Summary
A Trust is typically unsuitable where the settlor continues to live in the property not only because of tax inefficiency, but also because:
1. Local authorities are likely to treat the transfer as deprivation of assets.
2. The property may be treated as notional capital, defeating the planning.
3. Trustees or beneficiaries may face recovery action.
4. Continued occupation strongly undermines the argument that the asset has genuinely been given away.
Taken together with:
• GWR rules for IHT,
• Potential loss of PPR relief and increased CGT exposure,
a trust of a settlor-occupied home is usually ineffective, risky, and counterproductive.