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17 January 2014 / David Finnerty
Issue: 7590 / Categories: Features , Wills & Probate
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Watch out!

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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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