CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS
 

Solicitor Negligence
Will Drafting

Negligent Will Drafting Solicitors?

The death of a loved one can have a profound effect on the life of those closest to the deceased. If you thought you were going to be a beneficiary of a Will only to be told that you were left out as a direct result of professional negligence by the Solicitor or another professional who drafted the Will, you may have a claim for financial loss against the Solicitor or other professional.

Can other Will writing professionals be held liable for negligence?

It has been well established since the case of White v Jones 1995 a Solicitor can be held negligent for errors made when drafting a Will. However, is this the case for other Will drafting professionals such as banks, IFA’s, Accountants, and ‘Will writers’ who often advertise cut-down prices to draft a Will, in newspapers?

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

Examples of Will drafting negligence may include:

  • 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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