The question of suing a solicitor for probate negligence arises when a legal error has been made in the administration of an estate that results in the estate and its beneficiaries suffering financial losses.
It is the probate solicitor’s duty to advise the executor of the law in relation to the administration of the estate and to carry out the executor’s instructions competently and without delay. However, probate law is complex and even the most experienced probate solicitors can make mistakes, resulting in financial loss.
Among the mistakes commonly made by solicitors in probate law are:
- Making an error when drafting a Will
- Delay in drafting a Will
- Delay in applying for probate
- Errors in collecting assets
- Failure to obtain the real value of an asset on sale
- Failure to follow the terms of a Will
- Incorrect distribution of estate assets
- Incorrect tax advice
- Incorrect investment advice
- Miscalculation of IHT
- Incorrect legal advice in relation to an Inheritance Act claim
- Incorrect legal advice in relation to a challenge to the validity of a Will
If an executor, administrator or a beneficiary loses out financially as a direct result of a probate solicitor’s mistake then it is likely they will be entitled to seek compensation for their loss.
When suing a solicitor for probate negligence it is important to avoid delay. Claims should be made within six years of the negligent act or omission, or within three years of the date the claimant became aware that negligence had occurred.
We specialise in both professional negligence law and contentious probate law, dealing with claims throughout the whole of England and Wales. We combine our expertise in these two areas, thereby providing you with a first class service.
We offer a range of funding options for probate negligence claims, including No Win No Fee, and operate a free legal helpline which you can contact for free case assessment.