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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – SOLICITORS NEGLIGENCE IN THE CONTEXT OF A WILLDISPUTE OR WILL CONTEST CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider when and how Solicitors can be negligent when they are commissioned or instructed to prepare a Will (and arrange its execution)

Solicitors’ Negligence and Your Right to Make a Will Claim

When a will is prepared or executed incorrectly, or when a solicitor delays without justification, it can lead to serious financial loss for intended beneficiaries. In these situations, you may be able to bring a will claim, will dispute, or inheritance claim to recover what you should have received and it may well be a claim we are prepared to take on under a no win no fee arrangement, subject to the evidence:

EIGHT CLAIMS WE ARE LIKELY TO TAKE ON UNDER A NO WIIN NO FEE ARRANGEMENT

This guide explains the key principles from leading cases, including White v Jones, and what you need to know about solicitor negligence in the context of inheritance disputes.

For particular detail, refer to the case itself at:
White v Jones [1995] UKHL 5 (16 February 1995)

What is Solicitor Negligence in Will Cases?
Solicitor negligence occurs when a solicitor fails to carry out their duties with reasonable skill and care, causing loss to the client or intended beneficiaries.

In will-related matters, negligence often arises from:

  • Delays in preparing or finalising the will.
  • Mistakes in execution.
  • Failure to follow the testator’s instructions accurately.
  • Lack of proper legal or tax advice.

The Landmark White v Jones Decision
In White v Jones [1995], a father instructed solicitors to prepare a new will leaving £9,000 each to his reconciled daughters. The solicitors delayed for 59 days, and the father died before signing.

The court ruled:

  • Solicitors owe a duty of care to intended beneficiaries as well as the testator.
  • Beneficiaries can bring a will claim even without a contract with the solicitor.
  • The daughters received £18,000 in damages

This case paved the way for more successful inheritance dispute claims where solicitor negligence is to blame.

Common Grounds for a Solicitor negligence claim in connection with a Will Dispute or Will Claim

1. Delay in Will Preparation

  • Wills must be prepared and ready for execution within a reasonable time.
  • Delays can be critical, especially for elderly or unwell clients.
  • Courts assess the urgency based on the testator’s circumstances.

2. Errors in Execution

  • Incorrect witnessing, missing signatures, or dating errors can invalidate a will.
  • Beneficiaries (or their spouses) should not act as witnesses if they are to receive gifts.
  • Solicitors should in general supervise execution or provide clear written instructions.

3. Failure to Follow Instructions

  • If the solicitor fails to include a specific gift or provision as instructed, beneficiaries can lose out.
  • Accurate recording and confirmation of instructions are essential.

4. Lack of Proper Advice

  • Solicitors must warn about possible inheritance disputes under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Tax implications must be explained to avoid reducing the estate’s value.
  • Failing to give comprehensive advice can amount to negligence.

5. Rectification Issues

  • If a will doesn’t reflect the testator’s true intentions because of a drafting error, a court can order rectification.
  • Rectification can be an alternative to, or part of, a negligence-based will claim.

How to Bring an Inheritance Claim for Solicitor Negligence

If you have lost out because of a solicitor’s mistake:

  1. Gather Evidence – Emails, attendance notes, draft wills, and witness statements.
  2. Seek Legal Advice Quickly – Limitation periods apply to negligence and inheritance claims.
  3. Consider Rectification First – This can sometimes fix the problem without full litigation but has to be dealt with very quickly as a six month time limit from the date of the Grant of Probate applies.
  4. Pursue a Claim – If rectification is not possible, a negligence-based will dispute or inheritance claim may be necessary.

Why Acting Fast Matters

Time is critical in will disputes:

  • Evidence becomes harder to obtain.
  • Statutory deadlines can expire (for instance and as mentioned above, there is a six month time limit for bringing a rectification claim).
  • Delays can weaken your bargaining position in negotiations.

If you believe solicitor negligence has cost you an inheritance, do not wait — speak to a solicitor experienced in will claim and inheritance dispute cases.

Protecting Against Will Disputes: Tips for Testators

If you are making a will:

  • Choose a solicitor with proven experience in complex estate planning.
  • Confirm instructions in writing and keep copies.
  • Ask your solicitor to supervise execution.
  • Discuss potential challenges and tax implications in advance.

Final Thoughts

Solicitors play a vital role in ensuring a will reflects a testator’s wishes. When they fall short, the consequences for beneficiaries can be severe

The principles from White v Jones mean that disappointed beneficiaries now have clear legal routes to bring Solicitor negligence actions in the context of will claims, will disputes, and inheritance claims. If negligence has cost you a legacy, legal action can help secure the inheritance you were meant to receive.

If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.

We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.

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