Help for Business Professionals
We can help you if you're accused of professional negligence as an Executor, solicitor or trustee.
Professional Negligence in Wills & Estate Planning Advice
Our Will, Trust & Estate Disputes solicitors may be able to help you claim if you have been affected by negligent Will drafting or defective estate planning advice.
Expert legal support for professional negligence claims
Professionals have a duty to act in the best interests of their clients when giving Wills and estate planning advice. In some cases, this duty extends to the clients’ beneficiaries too.
Professional negligence is when a professional makes mistakes or fails in their duty towards clients and beneficiaries. This can involve:
- Making clerical errors
- Giving incorrect tax or legal advice
- Delaying preparation or drafting of a Will
- Incorrectly recording a client’s wishes
- Failing to ensure that a Will is valid and properly executed.
If you have been affected by one of these mistakes – or others – a professional negligence claim can correct the mistake or rectify any losses you’ve incurred.
In some cases, we can correct a mistake before it affects anyone. However, errors are often only noticed once the estate is being administered, which can lead to disputes. We’ll help you resolve any disputes through mediation and represent you in court if necessary.
Our national team of lawyers specialises in resolving will, trust and estate disputes for our clients. We have a wealth of experience with a wide range of disputes, including those involving international trusts and overseas assets.
Frequently Asked Questions
Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:
1. Investigation
We’ll examine the Will and any related documents (this might be property deeds, trust accounts, previous Wills made by the deceased).
If relevant, we may also gather medical evidence about the deceased, to understand their condition when they made the Will. This would be particularly important in disputes over whether or not someone had mental capacity to make a Will.
We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the Will was drawn up.
These investigations will help us confirm whether you can make a claim, and what type of claim it will be.
2. Mediation
Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.
Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the other parties.
3. Court
Some disputes cannot be resolved by reaching an agreed settlement. If this is the case, the matter will have to be decided by a court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.
Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.
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