Mishandled Wills Claims
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About
Most Solicitors provide an excellent service, however sometimes mistakes happen which cause you financial loss or a loss opportunity. Legal professionals have a duty to apply reasonable care and skill when instructed to deal with Wills and estates. If mistakes happen, it can be devastating for family relationships, it can prolong grief and cause rifts.
It is also important to understand that solicitors not only owe a duty of care to their clients in the context of will drafting or estate planning, but they may also owe a duty of care to the intended beneficiaries under the Will. This is an exception to the rule that was established in the case of White Vs Jones. Examples of cases which may arise are:
- Failure to give effect to the intentions of the deceased in the Will
- Failure to execute a Will in timely fashion
- Missing intended beneficiaries out of the Will
- Negligent mistake when drafting a will
- Failing to identify undue influence being exerted on the deceased when preparing the will
- Failing to identify that the deceased lacked capacity
It may also be possible to rectify a Will by order of the court; however, a close examination of the specific circumstances and the true intention of the deceased will need to be considered and there has to be evidence that the deceased intended something different to contents of the will. Please note that a rectification claim, is not a claim that we are able to undertake on a no win no fee basis.
At Robert James Solicitors our Professional Negligence team has successfully pursued damages arising out of negligence in the preparation of wills or management of estates, whether the loss was caused by top 50 law firms or teams based on the high street. Our team has even pursued other solicitors who have been negligent when advising on negligence claims.
Robert James Solicitors take a holistic approach to Professional Negligence Claims and where possible we will push for alternative dispute resolution such as mediation, but where this is not possible, we will ensure that your case is progressed and where necessary court proceedings are issued.
Robert James Solicitors have over 25 years’ experience and an excellent track record of supporting clients in making Mishandled Wills claims. If you or your loved ones require legal advice and support on how best to proceed with a Mishandled Wills claim, call one of our specialist solicitors on 0151 559 0120 or complete our online claim form and one of our solicitors will call you back.
Good to Know
Frequently asked questions related to Mishandled Wills are answered below. If you have any other questions about Serious Injury Claims, contact us for further information and advice.
Can I sue my solicitor for negligence?
The short answer is yes; however, it is important that you choose the right solicitor to represent you when suing your previous solicitor.
Professional negligence claims against other solicitors is a specialist area of law. There are complex legal principles that needed to be established and there can often be disputes within a dispute. There are lots of solicitors who hold themselves out to be experienced professional negligence solicitors and they are not.
If you, your family or friends require advice regarding one of the examples above or wish to speak with one of our professional negligence lawyers in confidence, please contact one of our specialist solicitors on 0151 559 0120.
How long do I have to sue my solicitor if I think that they have been negligent?
There are time limits for any professional negligence claim, including claims against solicitors and legal professionals. This is sometimes what lawyers call the limitation period and it is the timeframe within which court proceedings must be started, failing which you would be unable to bring your claim.
The law relating to limitation, can be found in the Limitation Act 1980; however, you must be careful when assessing the limitation period because it is a very specialist and complex area of law, and we would always urge a potential client to seek independent legal advice before delaying any action.
There are different time limits depending upon what type of claim you were pursuing. The primary limitation period in solicitor’s negligence claims, would normally be six years from the date of negligence to bringing a claim to court, although, it is our experience that assessing the six-year limitation date, can be problematic, because there may have been a number of breaches during the negligent solicitor’s retainer.
It is also possible, if negligence comes to light many years later and you acquire a reasonable knowledge that there has been negligence, that you can rely on that date of knowledge. In this situation, you generally have three years from the date when you had a reasonable knowledge that negligence had occurred to bring a claim.
The 3-year limitation period (date of knowledge) is sometimes known as the secondary limitation period. However, it must be said, that relying on date of knowledge to bring a claim in professional negligence can be riskier. Defendants are likely to challenge the date of knowledge of the claimant and are more likely to argue that the case is time barred.
Can I complain about my solicitor?
The legal profession is a highly regulated professional service. The Solicitors Regulation Authority (SRA) is responsible for the regulation of solicitors.
Solicitors must follow their code of conduct and are obliged to provide information to their clients about how to complain. This information is normally contained in the initial letter sent to you by your solicitor at the start of your claim.
If, you are unsure on how to complain, you should contact the firm who handled your case and ask for a copy of their complaints procedure.
Generally, the solicitors will ask you to confirm your complaint in writing, that complaint when received will be acknowledged and the solicitors should respond to the complaint in a reasonable period. If you are not satisfied with the response, you then have the option to take the matter to the Legal Ombudsman.
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