Professional Negligence - Will Writing | Irwin Mitchell

Professional Negligence

When we make a Will, we expect that our solicitor or Will writer will give us the right help and advice to ensure the Will is legally binding. Unfortunately, that is not always the case and professionals sometimes make mistakes.

A mistake made by a Will writer or solicitor can have serious consequences. It is common for these mistakes to go unnoticed until the person making the Will has died, leaving their family and friends to deal with the repercussions.

If you have found yourself trying to deal with mistakes made in a loved one’s Will, we could help. Our experts can work with you to prove that the solicitor or Will writer acted negligently, for example if a Will turns out to be invalid or obvious tax implications have not been considered.

Common mistakes made by Will writers and solicitors include:

  • Not listening to a client properly
  • Not checking ownership of a property meaning it is not passed on as intended
  • Not writing the Will clearly enough to reflect their client’s wishes
  • Not giving proper tax advice to their client
  • Writing the Will so badly that their client’s wishes cannot be understood, or so that one part of the will contradicts another part
  • Not making sure that their client was of sound mind and had the ability to make a Will
  • Not making sure that the Will was properly signed and witnessed
  • Taking too long to write the Will so that their client died before signing it

Sometimes these mistakes can be corrected and we will work with you and the solicitor to put things right. If we cannot rectify the mistakes we may be able to help you claim compensation for any financial losses you have suffered as a result.

How Irwin Mitchell Can Help

If you have suffered a financial loss because your loved one’s Will was not written properly or the Will writer or solicitor made other mistakes, call us for expert legal advice about whether you can claim compensation. We have a team of experienced, dedicated solicitors who specialise in helping clients to claim compensation from professionals who have written poor quality wills. 

Our legal helpline is available 24/7, so you can always talk to someone about your case. We’re a national law firm with offices up and down the country, so we can help you wherever you are.

Many of our clients are worried about having to go to court, especially if their dispute is with another family member. We will always try and avoid court where possible, preferring to use mediators to negotiate an agreement. As well as reducing stress, this can also keep costs down and help you reach a settlement more quickly.

Call Us Today For An Initial Discussion With No Obligation

Our specialist Will disputes solicitors have helped many clients in this situation, so we have the experience needed to guide you on the best course of action. We will discuss your circumstances with you and offer you some initial advice about your options.

In most cases of this kind we can offer a "no win no fee" agreement, so you won’t have to pay anything if your claim is unsuccessful*. Other options for funding your case include:

  • Discounted Fee Agreements
  • Legal Expenses insurance (often included with home insurance policies)

To talk to one of our experts about making a claim, please call us or send us an online enquiry and we will get back to you.  


* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Support4Disputes insurance policy and complying with your responsibilities under its terms.