Will Trust and Probate solicitor's negligent drafting of will

Mr R instructed Geoffrey Lucas Solicitors to draft his Will. Mr R had three children but was estranged from one son and instructed his solicitors that only his other two children were to benefit. Following the death of one of Mr R's children and following the death of Mr R, a drafting mistake in the Will meant that a substantial part of Mr R's estate passed to his estranged son rather than his surviving daughter, Mrs H, as Mr R had intended. As this was because of a drafting mistake by Geoffrey Lucas Mrs H then instructed England & Co Solicitors who eventually advised that an application could be made under the Administration of Justice Act 1982 to have the Will rectified. Unfortunately England & Co were also negligent because they failed to appreciate the urgency of the matter and consequently failed to issue the application for rectification within prescribed time limit of six months from the date of the grant of probate. As a result Mrs H lost the right to apply to rectify her late father's negligently drafted will. We successfully pursued solicitors' negligence claims against both firms of solicitors and recovered £45,000 for Mrs H in respect of her loss of inheritance.

Mr R