Samuel Okoronkwo Jr. was instructed by a client seeking advice on challenging the validity of a 2011 Will executed by her late husband and pursuing a professional negligence claim against his former solicitors. The client contends that her husband had expressed clear intent to revoke the 2011 Will during a 2016 solicitor appointment, but the solicitor refused to act on his instructions. No written confirmation of the refusal was provided, and the Will remained unchanged until the husband’s death in 2021.
The client believes the 2011 Will was orchestrated by her husband’s son, with whom he had limited contact, and that the Will was executed without a draft, contained errors, and excluded key family members. She also claims the solicitor’s notes misrepresented her conduct and that her husband’s handwritten note from 2016 evidences his intent to change the Will
The client has issued probate proceedings and is considering a negligence claim against the solicitors. She argues that the refusal to act on her husband’s instructions amounted to a breach of duty and that the Will should be set aside. However, no formal revocation occurred, and the solicitors have since resigned as executors.
Samuel Jr. advised that the claim to revoke the Will is unlikely to succeed, as revocation requires a new Will, a signed revocation clause, or public destruction, none of which occurred. He also advised that the negligence claim lacks merit, as the solicitor acted reasonably by encouraging the testator to reflect before making changes. While the client remains adamant about proceeding, counsel recommended discontinuing the current claim and instead drafting a letter of claim to the solicitors to outline her grievances. The client was advised to gather evidence supporting her position and consider applying for probate to administer the estate. The matter highlights the evidential challenges in will disputes and the limitations of negligence claims where testamentary intent is not formally executed.
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