Can I sue a solicitor for delay in preparing a will if I miss out on my inheritance as a result?
If you require expert legal guidance after reading this real-life case study of a beneficiary who missed out on her inheritance as a result of a solicitor’s delay in preparing a will, then you can contact us for a free consultation.
The instructions to prepare a will and Lasting Power of Attorney
Our client accompanied a longstanding female friend (and relative by marriage) when solicitors were instructed to prepare a will and a Lasting Power of Attorney. Her friend wanted our client – her only surviving relative – to inherit her estate.
The solicitors, who were aware that our client’s friend was suffering from lung cancer, followed up the meeting by writing to her to seek her approval of the information they had obtained. The friend confirmed the information was correct and and sent it back to the solicitors the same day.
The delay in preparing the will
Despite acting promptly, the friend did not hear anything further from the solicitors.
Several months later she was admitted to hospital with pneumonia. It was then that she was diagnosed with a brain tumour as the cancer had spread, and was given approximately three months to live.
Our client contacted the solicitor, explaining that her friend was very worried about the delay. She was informed that a draft will had not yet been prepared. She stressed to the solicitors that this was now a matter of great urgency and made them aware of the new diagnosis. The solicitors assured her that the will would be completed soon.
The friend left hospital but had to be readmitted a week later, following which she was given just three weeks to live.
Our client contacted the solicitors again on her friend’s behalf making them aware of the new prognosis and stressing how important and urgent it was. When there was no response, she phoned again several days later. She was told that an email would be sent to the lawyer and their manager.
After another ten days passed with no progress, our client called the solicitors once more. She reiterated how urgent it was and told the solicitors she would report them to the Solicitors Regulation Authority for the lack of progress in preparing the will.
The lawyer subsequently left a voicemail for our client stating that the will and the Power of Attorney had been prepared and posted.
Draft copies of the will and the Lasting Power of Attorney arrived the next day. Our client took the documents to her friend who confirmed they were correct. Our client then phoned the solicitors the same day to confirm. However the lawyer was not available.
Our client’s friend was growing increasingly concerned and asked her to contact the solicitors again, but by this time it was the weekend and the solicitor’s office was closed. She therefore asked our client to contact the lawyer on the Monday morning, but sadly she passed away that Sunday.
The negligence claim against the solicitors
Because the will was never executed our client missed out on her inheritance.
Our client made a formal complaint to the solicitors. She was told they would investigate what had occurred so that it did not happen again in the future.
Our client also consulted our professional negligence team about bringing a solicitors negligence claim for the financial loss she had suffered as a consequence of the solicitors delay in preparing a will.
We submitted a claim on our client’s behalf, arguing that the solicitors had acted in breach of the duty of care they owed to her as a beneficiary.
The solicitors had no defence to the claim given the extent of the delays and their knowledge of just how urgent it had been. We were therefore able to negotiate an out of court settlement with our client receiving compensation for the legacy she missed out on.
Can I sue a solicitor for delay in preparing a will? An overview of the law
While in most instances a solicitor only owes a duty of care to their client, a solicitor’s duty is extended to beneficiaries in cases like this. As a result, a beneficiary can sue a solicitor for negligence even though they were not the solicitor’s client where they have lost out financially due to an error or mistake by the solicitor.
This situation is particularly common where those making a will are facing life-limiting illness or the possibility that they may lose the capacity to make a will.
How we can help if you have missed out on receiving your inheritance as a result of solicitors negligence
If you believe you have been affected by poor legal service or avoidable delay, our team of professional negligence solicitors is experienced in guiding clients through these complex and sensitive claims with professionalism and care.
We work on a No Win, No Fee basis and offer a free consultation.
