If a probate solicitor has made a mistake which causes an estate or a beneficiary to suffer financial loss, then a compensation claim can be made against the solicitor on the basis of professional negligence. We have teams of solicitors who specialise in both professional negligence law and probate law. These experienced teams work together to ensure that clients receive expert guidance on recovering the compensation that is due to them when a legal error is made.
Here are the 12 most common mistakes that are made by solicitors who practice probate law:
- Errors in drafting a Will
- Delay in preparing a Will
- Delay in applying for probate
- Mistakes when collecting in the assets of an estate
- Failing to obtain the true value of an asset when it is sold
- Failing to carry out the terms of a Will
- Incorrectly distributing estate assets
- Giving incorrect tax advice
- Giving incorrect investment advice
- Miscalculating inheritance tax (IHT)
- Giving incorrect legal advice in relation to an Inheritance Act claim
- Giving incorrect legal advice in relation to a challenge to the validity of a Will
If it can be established that a mistake has been made and the solicitor has acted in breach of their duty of care then a professional negligence claim can be made. Before embarking on any professional negligence claim it is important to assess the financial loss that can be directly attributed to the error. The loss will often be relatively easy to assess, such as where a beneficiary loses out on a legacy in a specified sum of money. In other cases the loss will be less obvious and may require input from an expert witness.
If you feel that you have lost out financially due to a mistake or an error on the part of a probate solicitor when administering a deceased person’s estate, then simply provide us with brief details of what occurred and we will give you a free assessment of the legal merits of your case. We will also tell you if your case will be suitable for funding on a No Win, No Fee basis.