header-logo header-logo

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

Watch out!

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

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll