Will writing
Professional negligence in wills and estate administration
When you seek legal advice, you should be able to feel confident that the guidance you receive is correct. However, if you believe a legal professional was acting negligently, you can seek to bring a professional negligence claim.
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Professional negligence in wills and estate administration explained
When you instruct a legal professional, you expect the advice and guidance you receive to be accurate and tailored to your personal circumstances. If this proves not to be the case, it can have significant ramifications and leave you and your loved ones unsure of what to do next.
A professional has a duty of care when drafting a will or another legal document. If you can prove that your legal advisor has breached this duty of care, you can bring a professional negligence claim. Your claim could be regarding one of the following:
- A poorly drafted legal document, such as a will or a trust
- Negligent advice regarding taxes, probates or financial assessments
- Unnecessary delays in preparing wills or trust documents
- Negligent execution of a will
Common errors that lead to professional negligence claims
Professional negligence occurs when the standard of service delivered falls below an expected or acceptable standard, usually resulting in harm, financial loss or negative legal outcomes. When it comes to legal professionals supporting you with wills, trusts or estate administration, professional negligence could refer to various actions, including (but not limited to):
- Missed deadlines
- Failure to properly communicate
- A lack of understanding, research or analysis in a case
- Incorrectly or poorly drafted documentation
- Failure to clearly explain potential outcomes or risks
If you believe that you’ve received negligent advice or service by a legal professional for a will, trust or estate administration, speak to our expert professional negligence solicitors to find out how we can help you set things right.
Are there time limits for starting a professional negligence claim for wills and estate administration?
Under normal circumstances, you have six years to make a claim for professional negligence in wills, trusts or estates, usually from the date the negligent action or advice occurred, or any loss resulted for negligence.
For example, where professional negligence in wills has occurred, the date at which the six-year time limit begins will often be the date of death. For trusts and estates, it’s often the date at which you experienced financial loss due to professional negligence.
However, courts often appreciate that it can be difficult to determine whether negligence has occurred, so time limits can vary depending upon your circumstances. Whatever your case, it is strongly recommended that you speak with a specialist professional negligence solicitor as they will be able to provide tailored expertise.
Can I make a No Win No Fee professional negligence claims for wills and estates?
We will always give you an estimate on how much we charge for our services. Contact us to establish your full legal position and start your claim.
If you have a strong claim, we might be able to offer you a No Win No Fee case, which means, you only have to pay a fee, if we win the case.
Call us now on 0330 041 5869 or contact us online today.
Why choose our expert professional negligence solicitors
Handling wills, trusts and estate administration can be complex and challenging, and it’s crucial that you receive the best possible advice to ensure the outcome you desire. When standards fall and you and your loved ones suffer as a result, it’s only right that you have the chance to make things right.
Our expert professional negligence solicitors have supported hundreds of clients in securing the justice and compensation they deserve when they’ve been let down by professionals. Our years of practice give us the focused expertise to navigate even the most complex cases, and we are proud to serve clients across our national network.
Our commitment to excellence is reflected in our team's membership to the Society of Trust and Estate Practitioners (STEP). We take pride in our achievements, highlighting our dedication to providing high-quality legal services in the field of wills and probate.
Why choose Slater and Gordon?
Expertise
We are an award winning law firm and have a dedicated team of solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of wills and trusts. We can provide you with practical, affordable advice on your situation at the outset giving you clear guidance and options on your next steps.
Tailored advice
We understand that all situations differ - it’s not always a one size fits all - so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about negligent will claims
What is professional negligence in will writing?
Professional negligence in will writing can take many forms, including errors in drafting the will, delays in preparing the will, or negligence during execution (such as signing and witnessing). In the UK, will writing is not currently regulated, which means anyone can claim to be a will writer; for instance, you may receive support from a financial advisor, accountant, or solicitor.
In most cases, the advice people receive will be accurate and appropriate for their situation. However, there are times when standards fall short and when this occurs – no matter what type of professional provided the advice – you are entitled to make a professional negligence claim.
Can I sue a solicitor for mistakes in my relative’s will?
If you believe that a solicitor may have been negligent in the handling of a relative’s will – whether that be in writing, preparing or executing the will – it can be possible to make a claim for compensation. Usually, the claim will need to be brought by the executor or a beneficiary of the will.
How do I prove professional negligence in estate planning?
To make a successful claim for professional negligence, we will need to be able to prove that the professional owed you a duty of care, that their actions breached this duty, and that you suffered a loss as a result.
Can I make a claim for professional negligence in wills and estate administration on behalf of someone else?
If you have proof that the professional breached the duty of care, in certain circumstances you can claim on behalf of someone else. If, for example, if you are a disappointed beneficiary because of a poorly drafted will, sometimes you may be able to claim against the legal professional who wrote the will.
If you are claiming on behalf of someone who passed away in respect of a negligently drafted will or trust and you win the claim, it can be difficult to come to an agreement on how to proceed with the invalid document. It is important that you have an expert legal advisor to advise you as to the correct procedure to follow.