header-logo header-logo

Watch out!

17 January 2014 / David Finnerty
Issue: 7590 / Categories: Features , Wills & Probate
printer mail-detail
web_finnerty

David Finnerty provides advice on how to avoid a professional negligence claim in a contested probate case

Recent reports have shown a 700% increase over the past five years in contested probate cases involving the challenge of a will. Many of these cases will have scrutinised the conduct of solicitors to decide whether they were negligent in their actions and advice. The financial and reputational implications of any such finding can be significant.

Duty of care

When managing a will, solicitors owe a duty of care to both testators and beneficiaries. Numerous cases exist of solicitors being found to be in breach of this duty, from failing to properly assess testamentary capacity, to not dealing with medical evidence issues promptly, to not identifying a testator who was being unduly influenced.

It is understandable that solicitors who specialise in non-contentious probate can be unprepared for litigation. So if the work you do could leave you susceptible to a claim, how can you minimise the risk of being found professionally negligent?

Capacity

The issue of capacity is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll