As the Society of Will Writer’s insurance partner, at Marsh Commercial we managed 101 insurance claims for members in 2024. The range of claims we supported members with reflect both the challenges and risks inherent to will writers.
Understanding these claims may help members to improve some of their business practices, but also offers valuable insights into trends that we may start to see in 2025 and beyond. Following our recent webinar, this article explores the top three most frequent claims made under the Society of Will Writer’s insurance scheme in 2024. We hope that highlighting the reasons for claims can help members to take steps to mitigate these risks moving forward.
The majority of claims we handled in 2024 can be summarised into three main categories:
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Negligence:
In 2024, negligence was one of the main drivers for claims. Some members faced negligence claims for failure to take appropriate instructions during the will writing process, such errors can lead to disputes, financial losses, or unintended consequences for beneficiaries.
Other causes for negligence claims included beneficiary disputes, improper will execution and preparation of wills.
When negligence occurs, affected parties may seek compensation through professional indemnity insurance. During such claims, we consider whether the will writer breached their duty of care, the extent of the financial loss, and whether the mistake could have been avoided with reasonable diligence.
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Misrepresentation
A number of claims were also made by members facing allegations of misrepresentation, including drafting errors, mistakes in power of attorney documents, or false statements of fact.
A drafting error, such as unclear wording or failure to reflect a client’s true intentions, can lead to costly legal disputes or invalid wills. Errors in power of attorney documents may leave clients without proper decision-making arrangements, causing financial and personal distress. Additionally, if a will writer provides misleading or incorrect information—whether intentionally or due to negligence—beneficiaries or executors may pursue legal action.
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Breach of contract
The final category of claims is classified as breach of contract during the will preparation process. Such breaches included acting unreasonably and causing additional costs to the client.
Our professional indemnity insurance scheme is crucial to protect members against financial losses caused by claims from clients or third parties. When a breach occurs, the affected party may seek compensation for damages, and the insurance can cover legal fees, settlements, and other costs associated with defending or resolving the claim.
Remember what to do in the event of a claim
It is important in case of a claim, or even when you receive notification of a potential claim, that you notify Marsh Commercial, you will then be allocated a dedicated claims handler to aid throughout the process. Your claims handler will keep you updated at every step of the claim until its resolution.
Talk to an insurance expert
If you would like to speak to the Marsh Commercial team about a potential claim, or for more information about how we can support you, call our dedicated team on 0330 818 7624 or email [email protected].
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