Q&As

Can the failure by a Will draftsman to advise a testator on the effect of the Inheritance (Provision for Family and Dependents) Act 1975 give rise to a claim for negligence by a disappointed beneficiary?

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Published on LexisPSL on 16/06/2015

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can the failure by a Will draftsman to advise a testator on the effect of the Inheritance (Provision for Family and Dependents) Act 1975 give rise to a claim for negligence by a disappointed beneficiary?

There are two potential causes of action against the Will draftsman for a failure to provide advice on a claim under Inheritance (Provision for Family and Dependents) Act 1975 (I(PFD)A 1975):

  1. by a disappointed beneficiary who, as a result of a successful claim brought by a claimant under I(PFD)A 1975, sees their entitlement under the testator’s Will reduced. This claim will fail for a lack of causation as it is the order of the court in the claim under I(PFD)A 1975 that will cause the loss to the disappointed ben

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