Is this solicitor practice worth pursuing for compensation, or just acceptable?

Andrea B.

In your opinion, is this legal practice liable and if so should they be pursued for the losses incurred.

In the early 1980’s a couple make a Will, bequeathing their estate and savings to their 4 children. This is done in the presence of the “family” solicitor and the Will is kept by his office.

In 2007, the father of the family passes away.

The will is requested by the mother and after numerous inquiries the solicitor admits that it existed, but is lost.

Speaking with one of the children, he elects to “pro-bono” witness a new Will.

He calls to house and with an Aunt and 2 of the children witnesses and signs the new Will.

The new Will is same as old, but during the process, one of the children (an Executor) reminds the mother of the scenario of one of the beneficiaries passing before her. (he does this in the private knowledge of a sibling illness and divorce proceeding being undertaken in same relationship with there being 2 children (grandchildren to Will maker)).

The mother then adds to Will that should one of her siblings pass before her, then that portion goes to their children (her grandchildren).

All signed and sealed without objection or comment by the solicitor and witnesses.

Sadly, one beneficiary passes away in 2008 before divorce is through and before mother dies. She then dies in 2009.


Their portion should now go to their children.

The direct children fall in to Category-A at 0% tax on inheritance.

The children of the sibling who died fall in to Category-B, which leaves them liable to 33% tax on the inheritance (unless Will made before 1975).

If the stipulation had not been made that the grandchildren should get portion of deceased child, then that childs portion would have gone to spouse at 0%.

The spouse (divorce never completed before passing) is a trustworthy caring parent and the benefit would have ended up with her children in any way, in the short term.

As the solicitor was there and privy to all, is there a liability on their not highlighting or advising of this potential tax liability?

All this goes with a reminder of the recent advertising campaigns to vist a solicitor to make a will.

hullaballoo

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