Professional negligence of will writers has lead to an increasing number of contested will claims relating to negligently drafted wills. Cubism Law is experienced in bringing cases against negligent will writers and in securing compensation for clients for losses they have suffered due to professional negligence.
It is important to know that a solicitor (or the professional that has drawn up the will) owes a duty of care not just to the client that is making their will, but also a duty of care to the potential beneficiaries of the will too.
Common causes of negligent will claims
Any person acting as a will writer (qualified or not) is bound to fulfill a duty of care not only to the client they are writing the will for, but also to the beneficiaries of the will.
The most common causes of negligence claims held against solicitors are:
- Failure to ensure that the will is witnessed and signed properly
- Failure to ensure that the will is prepared in a reasonable time frame (before the person making the will dies)
- Failure to check a will for basic drafting errors that could in any way invalidate the will
- The solicitor (or other negligent professional) is obligated to administer the estate correctly and in accordance with the law. If they fail to do so the executors are entitled to make a professional negligence claim, citing the financial loss suffered as a result of the solicitor’s negligence.
A typical case:
Currently we are pursuing a case against a professional will writer who failed to ensure all precautions were taken to protect the will being drafted against a challenge by a family member whom the testator wished to disinherit. Our client is the beneficiary who should have taken the whole estate but who was obliged to settle the challenge by paying one half to the challenger.
About the professional negligence solicitors at Cubism Law
Cubism Law offers in-depth expertise and experience in acting both for and against professionals of all kinds in relation to claims for professional negligence. Our team in this particular area is led by Karen Pollock who is experienced in representing clients with cases of will writing negligence.
Our team all have backgrounds at partner level in leading City law firms focusing on professional negligence and professional indemnity matters. They bring a wealth of knowledge and skill to their practice, whether representing private individuals, partnerships or companies in disputes arising out of professional negligence.
Clients particularly appreciate our practical, user-friendly and cost-efficient approach to resolving professional negligence disputes, wherever possible without the need for litigation; where this cannot be avoided, we handle proceedings (including arbitrations and adjudications) with determination and vigour, never losing sight of the client’s commercial objectives and the need to contain costs.