Professional Negligence in Wills and Estate Administration

When someone dies, their family will want to ensure that their will accurately records their wishes and properly provides for their family. If the will doesn’t properly record the deceased’s wishes, it can sometimes be as a result of professional negligence.    

Professional negligence occurs when a professional fails to carry out their duties to the required standard of care.  Claims of professional negligence in wills can arise for a number of reasons. For example:

• The will does not accurately reflect the wishes of the deceased
• The will writer took too long to prepare the will and the deceased passed away before it was executed
• The will writer failed to advise the deceased to sever the joint tenancy in respect of a property jointly owned by the deceased and someone else under a joint tenancy
• The will is not signed and witnessed in accordance with the Wills Act 1837 rendering it invalid
• The will writer or estate administration solicitor provided negligent legal or tax advice

Professional negligence in will drafting

It has been accepted by the courts that a professional drafting a Will has a duty of care to both their client and to the disappointed beneficiaries of the Will.

Is there a time limit to bring a professional negligence claim?

You generally have six years from the date of the negligent act or three years from the date that you realised the negligent act had occurred to issue court proceedings. There are however exceptions to this and if you are considering bringing a claim, we recommend you seek specialist legal advice as soon as possible.