Wills and Probate Negligence

Planning for the future for your loved ones can be complex and you should be able to rely on your solicitor to ensure your wishes are reflected in your will. Unfortunately, things can go wrong and you may find that your solicitor has acted negligently in respect of your will or your loved one’s will. Such negligence usually does not become apparent until after that person has passed away and the estate is dealing with all of the necessary probate matters.

It can be distressing to find that your own or a loved one’s wishes or requirements have not been correctly followed or administered, as a result of their solicitor’s negligence. This may be because the solicitor has drafted the will incorrectly, making the will  invalid or it may be because consideration has not been given to the tax implications, causing a significant tax bill to be incurred.

How Do I Know If My Solicitor Has Been Negligent?

There are many instances when your solicitor may have been negligent in the preparation of a will or in administering an estate in probate.

Examples can include:

  • The will was not executed in time or correctly by independent witnesses. This will make the will invalid
  • Significant inheritance tax (“IHT”) liabilities arose as a result of tax not being adequately considered by your solicitor in drafting the will or administering the estate
  • Properties held in joint tenancy by the deceased were not correctly severed so the properties automatically passed to the surviving joint owner, against the deceased’s wishes
  • The solicitor failed to consider properly whether the testator had sufficient mental capacity to make the will or whether  there was any undue influence exerted upon him or her which would invalidate the will
  • The solicitor did not consider the provisions of the Inheritance (Provision for Family & Dependants Act) 1975
  • The solicitor did not conduct a full analysis and investigation of the client’s financial circumstances and assets
  • The solicitor may have been appointed as the executor of the deceased’s estate and has administered this incorrectly or not followed the requirements or wishes of the beneficiaries

This is not an exhaustive list and you may find that the solicitor was negligent in some other way in handling the will or estate following their death, with the result that financial loss has been suffered.

Free Initial Consultation

If you feel you have received negligent advice or representation from a solicitor acting on your behalf in relation to a will or probate, please contact us for an initial consultation now. Our solicitors are available to discuss the circumstances  and can advise you of the next steps we consider are appropriate in your circumstances.

How Can I Pay for My Claim?

We offer cost-effective legal solutions to meet your needs. There are many ways of funding your claim. Depending on your circumstances, we may be able to offer a conditional fee (or no win/no fee) agreement.

See If You Can Claim Now

Simply call our specialist professional negligence solicitors on 0330 400 5800 or e-mail us at enquiry@sethlovis.co.uk to discuss whether you have a solicitors wills and probate negligence claim.

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