Solicitors and will writers owe a duty of care not only to the testator who is their client but also to the potential beneficiaries of the will. Our specialist Will, Trust and Estate Disputes team advise on professional negligence matters relating to wills and estates when things go wrong.
Many issues can arise in will writing and estate administration which can lead to a potential claim against the person who prepared the will or administered the estate. This includes:
- Failing to ensure a will is completed and executed before the testator dies
- Making errors in drafting the will so that the correct outcome is not achieved
- Drafting a will when it was obvious that the testator didn’t have capacity or was being coerced
- Failing to sever a joint tenancy meaning that a property does not fall into the testator’s estate
- A professional executor failing to administer an estate properly
Professional negligence claims can usually be brought by anyone impacted by the negligence. This includes beneficiaries of an estate who are forced to incur costs correcting an error, or disappointed beneficiaries who “should” have received part of the estate but have not due to the solicitor’s negligence.
