If a Will has been negligently drafted by a solicitor or Will writer, then there may be a professional negligence claim available to those who are adversely affected.
Amongst examples of mistakes which can arise in Will drafting and which can lead to a negligence claim for negligence are:
- The Will is does not reflect the deceased’s wishes and causes a loss to a beneficiary
- Poor drafting results in the Will containing clauses which contradict the deceased wishes.
- The Will was drafted when the testator was without sufficient mental capacity (a legal requirement)
- The Will was not correctly executed, for example it was not signed in the presence of two witnesses (a legal requirement)
- The testator died before the Will was correctly executed due to a delay in completing the drafting by the solicitor or Will writer involved
Alternatively a claim for negligence could be brought in regard to a professional executor or administrator of the trust. This could be on the grounds of mishandling the assets i.e. a failure to invest them correctly.
Contact us today about your Professional Negligence Claim
For more information about bringing a claim for negligence in drafting a Will, visit our specialist Professional Negligence Claim microsite, or call our specialist solicitors today on:
- FREEPHONE 0800 1404544 or
- use the contact form below: