Rectifying mistakes in a Will
Errors made when a Will was created can cause extra distress and confusion when a person dies. If mistakes have caused a deceased person’s wishes to be ignored or misinterpreted it may be possible to challenge gifts made in the Will.
Mistakes may go so far as to make an entire Will invalid. Take a look at our Will validity checklist to see if this might be the case.
When people instruct a solicitor to draft a Will they have a right to expect that it will be done professionally so the testator’s intentions can be properly executed. If a solicitor fails to do this a dependent may be able to recover losses through a professional negligence claim.
When preparing Wills solicitors have a duty to ensure that:
- The testator fully intends to make a Will
- The testator has the necessary capacity to make a Will
- The Will reflects the testator’s instructions
- The Will complies with the formalities required by legislation, for example it is correctly signed and witnessed
- The Will is prepared within a reasonable time.
If you have suffered because a solicitor has failed to fulfil these duties you may be able to make a claim for professional negligence. Our specialist professional negligence solicitors can advise you on the options for your particular situation.