Professional negligence claims relating to wills, trust and estate advice

If a testator or a beneficiary has suffered loss due to the negligence of a professional adviser, such as a solicitor or financial adviser, they may wish to bring a professional negligence claim to recover some of those losses.

A professional adviser has a duty to ensure that the will or trust document accurately reflects the testator’s intentions and considers all relevant matters. When this duty is breached, there may be a claim for professional negligence. 

A professional negligence claim may arise in the following circumstances: 

• There has been an error in drafting a will or trust document. 
• There has been inadequate or incorrect advice in respect of estate planning.
• There has been delay in completing the will.
• The will has been drafted incorrectly insofar as it does not reflect the testator’s intentions. 
• Where a will has been prepared when the testator does not have capacity. 
• Unclear or contradictory wording in the will or trust document. 
• Where an estate has been distributed incorrectly.

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Who can bring a claim for professional negligence?

The following people can bring a claim against the professional advisor for negligence:

• The testator themselves before death
• The personal representative of the estate (acting on the behalf of the estate). 
• Beneficiaries who have suffered loss due to the negligence. 

If you fall into the above categories and wish to discuss any potential negligence claim against a professional, please do contact our specialist team.

What are the time limits for bringing a professional negligence claim?

A claim for professional negligence must be brought within 6 years of the date that the cause of action arises. In the context of will drafting, this is usually from the date of death. 

The time limit can be extended in some circumstances, such as if the person bringing the claim was not aware of the negligence or if the person bringing the claim was a minor at the time that the cause of action occurred. 

Due to these time limits, it is important to seek timely legal advice in relation to suspected professional negligence.