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Negligence of will drafters or administrators

Negligence claims

You may be able to contest a will if you feel it has been drafted negligently. Examples of will drafting negligence include where a solicitor:

  1. Failed to reflect the deceased's wishes in his/her will to the detriment of a beneficiary.

  2. All or part of the will was so poorly drafted that the deceased's wishes could not be construed or there were contradictory clauses.

  3. Drafted a will in which some of the legal formalities were not met eg as to execution, mental capacity.

  4. Took too long to draft a will and the deceased died before it was executed.

Alternatively, it could be a claim by a beneficiary against a professional executor / administrator (which could be a solicitor but may be a bank or other professional organisation) for mishandling the assets eg failed to invest them properly.

Questionnaire - Negligence Claim

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