Negligent Will Drafting Solicitors?

The death of a loved one can have a profound effect on life. If you thought you were going to be a beneficiary of a WILL only to be told that you are left out of the WILL, due to the negligent WILL preparation and professional negligence by the Solicitor or other professional who drafted the WILL. You may have a claim for financial loss against the Solicitor or other professional.

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Other will writing professionals and their liability?

It has been is well established since the case of White v Jones 1995 that a Solicitor can be negligent for errors made when drafting a will. However what is the position for other WILL drafting professionals such has banks, IFA’s, Accountants and also ‘WILL writers’ who advertise cut down prices to draft a WILL in newspapers.

If the WILL subject to the potential negligence was not drafted by a Solicitor, the individual/professional firm who drafted the WILL may have similar professional responsibilities to a Solicitor. If they are negligent you can pursue them for a claim so long has they have professional indemnity insurance or have sufficient assets if they do not hold professional indemnity insurance.

Examples of WILL drafting negligence:

  • Delay in drafting a WILL (upon being instructed to do so)
  • Negligent WILL drafting (not giving effect to what you/deceased intended)
  • Negligent WILL Execution

If you consider that your Solicitor or other will drafting professional has ”˜let you down’ and been negligent when drafting or executing a will, causing you financial loss you may have a claim for compensation and other losses.

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