Can I bring a claim against the solicitors who prepared my family member’s will?

You may also be able to bring a claim against any professional executors or administrators, if they make mistakes or cause significant delays when administering your family member’s estate. Often, if there are professional executors, they will be from the same firm/company as the professionals who prepared the will and provided estate planning/tax advice to your family member.

Reasons to bring a professional negligence claim

Any of the below may result in you having a valid claim in professional negligence:

1. Errors when drafting the will, which render the will invalid or not legally effective.
2. Errors when drafting the will, which mean that a beneficiary is left out or receives less than intended.
3. Errors when executing the will, which render the will invalid. This may include errors when signing or witnessing the will.
4. Poor professional advice or drafting which leads to the estate owing more tax than legally required – reducing the value of the estate, and the amount which is left to be distributed to the beneficiaries.
5. Delays/failures when preparing a will, which means that the will is not in place/valid when your family member dies. This could mean that a previous will applies, or that your family member dies without a valid will (‘intestate’).
6. Delays or problems in administering the estate, meaning that beneficiaries are not paid as quickly or as much as they should be.

Professionals owe a ‘duty of care’. This duty of care is owed to your family member, as the ‘client’. Importantly, this duty of care can extend to beneficiaries or intended beneficiaries. As such, beneficiaries/intended beneficiaries can bring claims in professional negligence.

You only have a certain period of time in which to bring a claim in professional negligence – known as ‘limitation’. Therefore, if you think you could have grounds for a claim, it is essential to seek advice as soon as possible.

Speak to our Contentious Probate Solicitors

If you have any concerns regarding legal advice given in the preparation of a will, or any other related queries, please get in touch with our Contentious Probate team.