In a situation where a person instructs a professional to draft a Will but the professional does not draft it correctly, a claim can be made against that professional by those who should have benefitted under the Will but don’t because of that mistake.
A claim can be made in the above situation, even though that beneficiary was not a client of the professional, had no contract with them and has paid them no fees for any service.
It is however important to be aware that it is necessary to prove that the deceased gave instructions to the professional to include that beneficiary and that the professional has made some form of mistake that meant that the will was not drafted correctly. A claim is unlikely to succeed based just upon the deceased telling a person that they would be included but the will not including that person.
An example of successful claim occurred where the professional was instructed to prepare a will but delayed in preparing that and the person died before the Will could be drafted. The people who would have benefitted under that Will (if it were drafted) were able to claim form the professional the amount the will would have provided for.
Another example of a successful claim occurred where the solicitor failed to correctly record a date on the will meaning that it was invalid. The solicitor had to pay compensation to the those who would have benefitted under that will if it was valid.
It is even possible to claim against a solicitor who correctly drafted the will but failed to advise of another step, such as severing a joint tenancy, that was required to ensure the will had it desired effect.
At John Hodge Solicitors we have expertise and experience of contested probate and professional negligence claims and can guide you through the process with clear and easy to understand advice. We can also offer a free initial consultation to discuss the matter and your options.
Depending on the circumstances of your claim we may be able to act of you on a “no win, no fee” basis and we will always help you achieve the very best outcome by tailoring our advice to your own individual needs.