Advising on will disputes that arise where a professional fails to carry out their duties to the required standard of care.
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:
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.
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.