A professional involved in preparing a will or trust documentation may have made an error. This could relate to the drafting of a will or trust deed, or to advice given in connection with a probate application, including tax advice.

To bring a claim for professional negligence, it is necessary to establish that:

• The professional owed you a duty of care
• That duty was breached
• You suffered a loss as a result of the breach

It is well established by the courts that a professional who drafts a will owes a duty of care not only to their client, but also to the intended beneficiaries under the will.

Professional negligence claims involving wills can arise for a number of reasons, including undue delay in preparing the will (resulting in the testator passing away before it was executed), inadequate advice regarding the execution of the will, or a failure to properly implement the testator’s instructions.

In relation to trusts, negligence may arise where the professional drafting the trust deed has failed to include appropriate powers for the trustees, or has incorrectly recorded the shares or proportions in which trust assets are to be held.

We have expertise within our Contentious Probate, Dispute Resolution and Wills & Probate team to provide clear and cost effective advice in this specialist area. We can assist with gathering evidence, assessing the merits and potential value of a claim, and advising on prospects of success.

For more information about how we can help please contact us or request a callback.