Can a beneficiary sue a solicitor for a negligently drafted will?
The answer to this question is that ‘disappointed’ beneficiaries who have lost out as a result of a will being badly prepared are now able to claim compensation against the solicitor who drafted it.
We have a team of lawyers specialising in making professional negligence claims, including claims against solicitors for a negligently drafted will. Because we specialise in both inheritance law and professional negligence law we have the expertise to give you the best chance of recovering compensation for your losses.
It is important to remember that a solicitor (or any non-qualified will writer for that matter) owes a duty of care not just to the person making the will, but to potential beneficiaries under the will too.
The extension of this duty of care to intended beneficiaries has been established in a series of cases which include:
- Ross V Caunters 1979;
- White V Jones 1995; and
- Carr-Glynn V Frearsons 1998
Common causes of solicitors negligence claims are:
- Failure to ensure that a will is validly signed and witnessed;
- Failure to ensure that a will is prepared in a timely fashion before the will-maker dies;
- Failure to check a will for clerical drafting errors that could invalidate part or all of the will; and
- Failure to administer the estate properly.
We are often able to deal with solicitor’s negligence cases involving negligently drafted wills and negligently administered estates under our No Win – No Fee case funding scheme.
For further details on making a negligence claim against a solicitor read our articles, Can a beneficiary sue a solicitor for negligence and What can I do if a solicitor makes a mistake when preparing a will?