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Home > For You > Estate Litigation > Negligence in Drafting Wills

Negligence in Drafting Wills

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Fixing problems with Wills

When a person goes to a lawyer and asks them to draft a Will, the lawyer is under an obligation to draft the Will with reasonable skill and care. We hold ourselves to a much higher standard than that, as do the majority of the legal profession.

Occasionally we see instances where a lawyer has not exercised the necessary skill and care, and this has led to certain persons receiving much less than what the Willmaker intended. It might occur where there was a delay in drafting the Will (eg. the Willmaker passes away before the Will is signed), or if the Will contains a mistake.

We can help you identify and unravel problems with Wills to ensure your interests are protected and the estate administration process can proceed as smoothly as possible when the time comes.

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How to fix problems with Wills

Certain problems can be rectified by the Supreme Court. We have for example had rough handwritten scribbles made by a solicitor (during a meeting with the client) successfully approved by the Court as being a ‘Will’.

Who is liable for mistakes?

Where the problem cannot be rectified, and an individual receives less from the estate as a result, the lawyer who drafted the Will may be liable to compensate that individual. Alternatively, if the problem can be rectified by the Court, the lawyer may be required to pay the estate’s legal costs associated with that. Strict time limits may apply depending on the problem.

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Obligation free, no cost appraisals

We offer a range of fee options depending on your circumstances, including deferred payment of fees and speculative (‘no win no fee’) arrangements.

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Plan your next move

If you need advice about your rights, please contact us now for your free no obligation 30-minutes appraisal.

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“Once again, I thank you so much for all your hard work, dedication and consideration in relation to all my matters Charlie. You have been brilliant throughout this entire proceeding and I certainly couldn’t have got this far without your help. So, I just want you to know that it is greatly appreciated…”

AS

“You did an absolutely brilliant job. I cannot thank you enough… I’m sending you some wine in the post, don’t open it until Christmas!”

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“Thank you again for your kind attention to all the details of my case and your efforts towards a positive resolution.”

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Meet our Estate Litigation team

Delivering tailored and personal legal solutions
Director

Charlie Young

Estate Litigation, Bankruptcy and Insolvency, Contract Law, Corporate Law, Disputes and Litigation, Elder Law, Finance Law, Superannuation, Wills and Estate Law
Special Counsel

Barbara Houlihan

Family Law, Disputes and Litigation, Estate Litigation, Wills and Estate Law
Paralegal

Michelle Stevens

Wills and Estate Law
Meet the rest of the team
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