Probate/will cock up

[MangosteenSoda]

Short version: My mum is executor to a will that has been going through probate for months.

Today she got an in person visit from the solicitors to say that they have, effectively, cocked up. When the will was signed, one of the beneficiaries of the will was the witness. Apparently this makes her inheritance void. The solicitors are going to send the will and the preceding version to court to see if they can sort it out. This particular beneficiary received the same bequest in both versions of the will. No extra financial gain from the will that was witnessed.

My mum as executor is very stressed about this. Does anyone have experience of this?

Make sure the solicitors aren't charging for getting the court to "try to sort it out" although I'm not sure what the court would do as the law is very simple and clear and the gift fails. Unless they are trying to run some mistake/clerical error argument which I am pretty sure doesn't apply to witnesses.

On the other hand, the beneficiary who witnessed the Will and loses out probably has a pretty slam dunk negligence claim against the solicitors. Which they will be very aware of hence the home visit to your mum. Keep an eye on them!