Trouble with your Will & Probate Solicitor?
When drafting out a will or dealing with probate, it is essential that things are done correctly and professionally. Solicitors and probate Lawyers have a duty to deal with Wills, trusts and estates in the way that a client wishes them to in a timely period.
There are many things that a Solicitor/Lawyer might be asked to deal with, including the distribution of estates and looking at ways of cutting down on the amount of inheritance tax to be paid. Additionally, they could be asked to put in place powers of attorney so that if a client becomes incapacitated for any reason, legal dealings will be less complex and costs kept under control. Upon death, it may be their duty to deal with and distribute assets.
All of these things sound quite straightforward, but unfortunately, mistakes and errors can creep in which may result in a claim for negligence. For instance, a will might be drawn without the Solicitor realising that the client is suffering from dementia or some similar illness which makes them not of sound mind. Alternatively, the will may not be written correctly or the will might not be signed as it should be. Inheritance tax is another complication that can creep in and if the Solicitor does not calculate the amount to be paid correctly, problems may occur later.
How to go forward
If you have been involved in dealing with a will or probate where you feel that dealings were not dealt with correctly or professionally, you may be able to make a claim for Will or probate negligence. The first thing to do is to contact a claims specialist who is used to dealing with such cases and who will understand the complexities of the venture.
He or she will need all details of the case including names of people involved, dates, events and outcomes. Any paperwork that you have should be handed over for inspection and investigation. Once he or she has had time to carefully check everything out, he or she should be able to advise you whether or not you can go forward with a claim for will or probate Solicitor’s negligence.
Negligence has to be proven
The main gist of the procedure will be to prove negligence occurred and that because it did, you suffered and lost out financially or in some other way. Damages may include for such things as stress, upheaval, monetary losses, psychological damage and any long term negative results such as causing a rift between family members.
We maybe also be able to assist you to pursue a claim against a negligent Solicitor if you are a disappointed beneficiary of an estate and as a result of negligent Will preparation and drafting you do not inherit what you were supposed too.
As with all cases of negligence where compensation is concerned, you should get expert help as quickly as possible after the events occur. This is because time limits do apply and the more time your claims Lawyer has to work on the case, the better your chances will be of receiving a positive outcome.