When drafting a will or dealing with probate, it is essential that things are undertaken correctly and professionally. Solicitors and probate Lawyers have a legal duty to deal with Wills, trusts, and estates, in accordance with the wishes of their clients, and in a timely manner.
Solicitors/Lawyers in the field of Wills and Probate may be asked to handle matters such as the distribution of estates, or finding ways to reduce inheritance tax obligations. Additionally, they may be asked to put in place powers of attorney, so if a client becomes incapacitated, legal matters can be handled on their behalf by a person they nominated and trust. This may also entail distributing assets on behalf of the client on their death.
Unfortunately, mistakes can occur resulting in a claim for negligence. For instance, if a Will is drafted without the Solicitor realising the client has dementia or another condition which makes them not of sound mind, it may not be valid. Alternatively, the Will may not be written or signed correctly. Another common mistake is the miscalculation of inheritance tax, which can cause problems to beneficiaries and family members later.
If you have received legal advice regarding your Will or probate which you feel was not handled correctly or professionally, you may be able to claim compensation due to Will or probate negligence. The first thing to do is to contact a claims specialist who is well versed in dealing with such cases, and who understands the intricacies involved.
Your Will or probate negligence Solicitor will assess the details of your case including any correspondence, people involved, dates, events, and outcomes, and will then be able to advise you whether you can go forward with a claim for professional negligence.
Our primary aim when compiling your case is to prove negligence occurred, and as a direct result, you suffered loss. Damages can be recouped for stress, upheaval, monetary losses, psychological damage, or any other long-term negative outcome, such as causing a rift between family members.
We can also pursue a claim against a negligent Solicitor if due to poor Will preparation, you did not receive what you were expecting from an estate.
As with all cases of professional negligence compensation, you should always seek expert help as soon as you are aware of the negligence act. This is because strict time limits apply and the more time your claims Lawyer has to work on the case, the better your chances will be of receiving the best outcome.