Professional Negligence in Wills Drafting and Estate Administration

The process of dealing with a will after the death of a testator can be stressful and upsetting for those involved, and the beneficiaries should expect the professionals responsible for writing and distributing the will to work to a proper standard. Unfortunately, this does not always happen, and problems such as solicitor negligence can occur.

If you or the testator hired a professional solicitor to write or distribute a will, and an error was made leading to further distress, financial loss or complication, this could be a negligent act and you could be eligible to make a claim against them for professional negligence. 

Seek expert legal advice, mediation and representation from the will disputes solicitors at JMW today. Call 0345 872 6666 or fill in a contact form and we will return your call at a time convenient for you.

How JMW Can Help

JMW offers expert legal advice with the efficiency and attention required for such a sensitive area of law in line with the Solicitors Regulation Authority (SRA). We understand that dealing with wills after a death is a difficult process and that negligence in wills can make it even harder. Therefore, we will work efficiently and effectively to ensure that you get the outcome you deserve with minimal stress to you.

We offer expert advice on the subject and can represent you and your interests in court if required, but we will always try to avoid this if possible as it can cause a case to go on longer and incur unnecessary costs. We will facilitate communications between you and the other parties involved by writing professional negligence claim letters, and will guide you through collecting any evidence that might be necessary to help your case further.

Our successes have been recognised by the Legal 500, who have named JMW as one of the country’s top law firms. We approach every case with the dedication and attention required, no matter the subject. Our team will support you throughout the entire process, guiding you through the complexities of professional negligence in will drafting and estate administration and dispute resolution, explaining in jargon-free language exactly what is happening and what you will need to do.

We will maintain transparency with you throughout, and you can rely on us to take on the weight of the responsibility so you can continue with your life as normal, and focus on other aspects of the death of a loved one or friend.

Our Accreditations

The high quality of our advice on trust disputes has earned us accreditation from a number of highly respected industry organisations, including:

• The Legal 500 - Who said that JMW are a “great team. Good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable.”
• Chambers and Partners High Net Worth Guide - JMW’s wills disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”. 
• The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to this association requires solicitors firms to meet certain criteria based on their performance in this line of work.
• Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.
• Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation. 

You can count on us to provide specialist advice tailored to your specific circumstances, communicated in clear English to make the process feel as simple and straightforward as possible. Our professional negligence lawyers will make sure that any dispute is handled appropriately in accordance with your wishes. 

How do I Know if I am Eligible to Make a Professional Negligence Claim?

A will is a legal document and should be created with the help of an expert solicitor. If they have made an error on the will, or you do not believe that what they have written reflects the testator’s intentions, you should seek legal advice from a different solicitor. You or any person affected may be entitled to compensation if financial loss was caused.

What is the Process of Making a Professional Negligence Claim?

When making a professional negligence claim, we will start by alerting the professional who you are claiming against that the case is beginning.

An official Letter of Claim will be sent to them with the necessary details of the claim, going into detail about why you are making the claim, what the damages that you have suffered are and what you have lost. They will then be expected to provide a Letter of Acknowledgement in return, and from here the investigations can begin.

The professional will have three months to respond to your claim, and they should do this in the form of a Letter of Response or Settlement, in which they will either accept your claim, and the process of gaining your compensation will be near an end, or they will reject it and explain why. You can choose to accept this or escalate the claim if you are not satisfied, which may lead to court proceedings.

If the other party does not meet your requirements and an agreement is not reached, another option is to pursue Alternative Dispute Resolutions (ADR) which involves negotiation and mediation conducted by our solicitors, working with the other parties. This may avoid court proceedings but, if it is unsuccessful, court proceedings may be the only way forward. We always listen to our client’s aims and hopes in order to advise on the most appropriate way forward for any case.

If you are successful in your claim, you may recover your legal costs from the other party or you could use the funds received from compensation to pay for your legal bills and cover any other costs that were incurred throughout the process of the will.