Solicitors’ negligent drafting of will and failing to rectify
Mr B was a beneficiary under his late mother’s will. She had intended that he inherit the bulk of her estate together with discretion to make payments to her grandchildren (Mr B’s nephews) under a discretionary trust to be administered by Mr B. In fact the will was negligently drafted so that Mr B did not benefit under the will at all. He was, however effectively appointed trustee over property that benefited his nephews which included the whole of his late mother’s estate.
Due to the mistake, he instructed another firm of solicitors, the second Defendant to rectify the will, but they failed to issue rectification proceedings in time and therefore lost Mr B the chance to rectify the will to reflect his mother’s wishes.
The claim was settled by an agreement that the Defendants pay to the Claimant £170,000 in addition to his legal costs.
Mr B