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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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