Many people choose to have their Wills written by a solicitor or a Will drafter. This gives them a form of protection from future claims, as these professionals have a duty care, not only to the person who is making the Will, but also to the intended beneficiaries under the Will. They should also all have indemnity insurance to protect their clients if a mistake is made, and this is the main benefit of using a professional rather than doing a DIY Will.
The wording of Wills is vital to ensure the wishes of the Will maker are exactly as intended. One common issue is when amounts of money are used rather than percentages. For example a person has £10,000 in investments and they decide to give £5,000 to their child and £2,500 each to two friends. If the person dies in ten years time, the value of the investment will have changed considerably and then who should receive what amount? A better way to word it might be for 50% to be given to the daughter and 25% to each of the friends. However, in some circumstances, even percentages are challenged. That’s why it’s vitally important to ask a professional to write your Will, as they are more likely to get it right and when they don’t, at least you can make a claim against their insurance.
If you feel you have suffered a loss because of the negligence of a Will drafter, such as a solicitor, you will need to be able to prove that the Will is not what was intended by the deceased. If you think this evidence is available, you should be able to make a claim for negligence against the professional concerned. We can help you bring this claim, so please see the professional negligence area of our website for more information and call us to discuss you next steps.