Mishcon de Reya Wins Will Negligence Action Against Solicitors
Dr Alison Martin, an occupational physician, has won her four year battle against TWM Solicitors of Guildford, Surrey, who have been held to have negligently drafted her late husband’s Will.
The judgment handed down by Mr Justice Floyd at the High Court in London today, confirmed that the Will, drafted by TWM partner, Timothy Caton, had not been drafted in accordance with Philip Martin’s instructions. Law firm Mishcon de Reya acted for Dr Martin.
Philip Martin was terminally ill when he instructed Triggs Turner Bartons (now TWM) to prepare his last Will in December 1999. Under the terms of the Will, Dr Martin received the family home and a life interest in a trust. The Will provided that on Dr Martin’s death the balance of the trust was to go to charity. Mr Martin died shortly after.
The central factual issue in dispute was the extent to which Mr Martin wanted to limit his wife’s access to funds from the trust.
Dr Martin, who had been present when her husband had given the instructions to Mr Caton, had believed she could ask for advances totalling all but £100,000 of the trust, whereas Mr Caton argued that Mr Martin had instructed him to limit the advancements to £100,000 in total. This is despite Mr Martin’s Will including a direction that his wife’s comfort and welfare was his “paramount concern”.
Mr Justice Floyd, in finding the solicitors negligent, said based on the evidence he had heard that he did “…not find it very plausible that Mr Martin would have wished to countenance a situation in which the interests of charity prevailed over those of his wife”. He said that he had found Dr Martin to have been a genuine and honest witness.
The Judge also found that TWM had been negligent in relation to certain aspects of the administration of Mr Martin’s estate.
Commenting on the outcome, Dr Martin's lawyer, Mark Keenan of Mishcon de Reya, said: “Naturally this has been a difficult time for Dr Martin and she is relieved it is at an end.”
Dr Martin said: “It was important to ensure Philip's last wishes were respected"