Professional Negligence Claims

Professional negligence in wills and estates: when mistakes lead to loss

In the context of post-death administration and estate disputes, circumstances can arise where the deceased’s wishes or instructions have not been carried out as intended. If an error arises as a result of a failure by a professional to meet their required duty of care, there is scope for the deceased's estate to consider a professional negligence claim.

These claims can arise in various scenarios, including:

• A discrepancy between the deceased's instructions and the final terms of their will.
• Poor structuring of the deceased’s affairs, leading to unintended consequences, such as unexpected tax liabilities.
• Errors made during estate administration, particularly where incorrect legal, financial, or professional advice has been relied upon.
• Practical issues relating to how a will or trust was drafted or executed, such as missing key deadlines or incomplete documentation.

A range of individuals connected to the estate may be entitled to bring a professional negligence claim if they have suffered loss as a result of the failure. It is crucial to seek legal advice promptly, especially where the issue only comes to light following death. We can advise you on the time limits applicable to your particular situation.

Time Limits

Professional negligence claims are subject to relatively short limitation periods, particularly if the material facts are only discovered on death.

How We Can Help

If you believe you may have grounds for a professional negligence claim, we recommend speaking to a member of our team without delay. We can advise on the merits of your case, guide you through the necessary procedures, and help ensure that key deadlines are not missed.