Jurisdiction(s):
United Kingdom

Ivey v Lythgoe: will-writer negligence alongside probate—non-party costs under SCA 1981, s 51 refused; claims consolidated; compulsory mediation ordered (CPR 3.1(2)(o), ChD, England & Wales)

Published on: 07 October 2025

Published by a LexisNexis Private Client expert

Legal News

Article summary

Ivey and others v Lythgoe and others [2025] EWHC 2325 (Ch) What are the practical implications of this case?

This judgment provides practical guidance on:

Duty of care of Will-writers: The ruling confirms that non-solicitor Will-writers owe a duty of care, and mistakes—like misconstruing exclusions or leaving out intended beneficiaries—can found negligence claims.
Joining as a costs-only party: Procedurally, the court refused to add the Will-writing company as a costs-only party under SCA 1981, s 51, holding that costs liability cannot be fixed until negligence is proved. Instead, it consolidated the probate and negligence claims under CPR 3.1(2)(h) to streamline case management where the facts overlap.
Drafting and reviewing Wills: For private client advisers, the decision stresses telling clients to scrutinise draft Wills and to consider solicitor involvement for complex instructions. For litigators and professional negligence practitioners, it evidences the burden to establish liability and the advantages of consolidating linked claims. The order requiring mediation also signals a growing judicial emphasis on alternative dispute resolution, making early ADR advice increasingly vital.

What was the background?

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