Will writers’ charge for their services in preparing a will and in return their customer is entitled to expect that will writing service to be completed with reasonable care and skill.
Ordinarily if you paid a person or a business to provide a service and it hasn’t been done correctly you can ask them to do it again, this time right.
Of course if the problem is discovered early enough it may be possible to make a codicil to correct the will or to simply make a new will. If the Testator (person making their will) has lost mental capacity in the intervening time between signing the original will and the discovery of the will writer negligence problem then a statutory will can be considered. Unfortunately it is not as simple if the service was writing a will and the problem is only discovered after the death.
If the will writer negligence is discovered after the death then all is not lost. The law does allow claims by the executors or in some circumstances the disappointed intended beneficiaries.
Solicitors often write wills. However, will writing is not a regulated activity. The Law Society has reported that over 180,000 wills are drafted by non-lawyers (banks, financial advisors, accountants, will writer) each year. Whether you are concerned about solicitor negligence in will writing, or negligence by a non-lawyer, if a will writer gave bad advice or failed in a way which resulted in financial losses you may have a case for a professional negligence claim and can sue for compensation.
Professional negligence can arise in various will writing situations
Error in drafting the will e.g. missing out a beneficiary or mistakes in relation to tax
Delay in preparing the will – meaning it is not signed before the death
Negligent supervision of execution (signing and witnessing) of the will
If you feel that a will writer has not dealt with a will, or its execution, in a professional manner then Contact us today.
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