Our Service

Some of the most common issues arise where wills do not reflect the deceased’s wishes, or when an estate is not properly administered. Quite often, these mistakes are not realised until after the person making the Will has died.

There are three main ways to deal with poorly drafted wills, mistakes in wills and improper administration:

Rectification

An application can be made to court to put right a clerical error or failure by a solicitor or will writer to understand a person’s wishes.

Construction Summons

When the terms of a will are not clear, then an application to court for the court to determine the proper interpretation of the will may be made.

This is a relatively straight-forward application to court, but all parties to the will and all parties affected by the court’s decision will need to be made part of the application.

A construction summons can be brought prior to, or as part of, a professional negligence claim.

Professional Negligence Claim

Often, mistakes in wills and improper administration of an estate come about as a result of negligence by a solicitor or will writer.

It may be necessary to make a professional negligence claim against the solicitor or will writer.

A claim may be made by a disappointed beneficiary (ie someone who doesn’t inherit, but had the will been properly drafted, would have inherited).

If a will has been lost, damaged or destroyed, we can help.

Damaged or Destroyed Wills

Where a will has been lost, damaged or destroyed an application can be made to court for evidence of the will’s contents to be accepted in place of the original will.

A Will does not take effect until death and generally speaking, can be changed or revoked at any time.

A Will can be revoked by destruction by the person making the will.

Therefore, when a Will which was known to be in the deceased person’s possession cannot be found upon their death it raises the question: has it been lost or destroyed?

In these circumstances there is a presumption that the Will has been destroyed with the intention to revoke it. However, in some circumstances evidence of the person’s intentions can be put forward and accepted in place of the will.

An example of this is where a will was destroyed in an air raid and there was evidence remaining of its contents.

It is up to those seeking to benefit under the lost will to prove that the person did not intend to revoke it.

Where a Will has been lost, or destroyed for some other reason, for example if it has been lost by a solicitor accidentally, an application can be made to the Court for documentary evidence of its contents to be accepted in its place.

This can include, but is not limited to, a copy or completed draft.

Lost Wills

We are frequently instructed by people who know there was a will, but cannot find it.

There are various methods we can use and various places (including national databases) we can check, in order to try to find the will.

Contact Us

Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

.
To always give you clear, jargon-free advice.
.
To be completely transparent about our fees from the outset.
.
Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

.
We are always professional but ensure that we are friendly and approachable.
.
We are determined and enthusiastic about supporting our clients and our people.
.
We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Helen Thompson

Helen Thompson

Helen is a Partner in our Dispute Resolution department and leads the Contentious Probate team

John Lambe

John Lambe

John is a Senior Solicitor in our Probate Litigation department

Stephanie Ewan

Stephanie Ewan

Stephanie is a Solicitor in our Commercial Litigation department and specialises in Probate Litigation

Tom Evans

Tom Evans

Tom is a Trainee Solicitor in our Probate Litigation department

Testimonials

Contact Us

Book your consultation using the below enquiry form, alternatively, you can call us on

0161-941-4000