Claims against negligent advisers

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There are occasions where the advice from a professional adviser such as a will writer, solicitor or accountant may have been wrong. As a result, a will or codicil may be invalid, a gift may not take effect or there may be tax implications.

Often the mistake will not come to light until the person who made the will has died. Common mistakes include the failure to ensure that the will has been properly executed, to give appropriate tax advice, or to draft the will correctly and in accordance with the testator’s instructions. Errors also occur if checks are not made to establish how a property is held by the testator (such as whether it is jointly owned with someone else) and if it takes so long to draft a will that the client has died before signing it.

Sometimes mistakes can be rectified and we can advise you whether that is likely to be possible; how to achieve this; and whether the costs of rectification are recoverable from a negligent adviser. Where a mistake cannot be put right, we can advise you on whether you can make a claim for professional negligence against the adviser and whether any compensation may be due.

We offer expert advice on:

  • duty of care owed by a professional adviser
  • merits of a claim for professional negligence
  • procedure for bringing claims
  • alternative dispute resolution (ADR)

Recent work highlights

Claim against solicitors

Successfully claiming against solicitors who invalidly prepared and executed the will of the father of a beneficiary who expected to inherit a property and securing an early settlement and compensation for our client.

Settlement for estate beneficiaries

Negotiating a favourable settlement for the potential beneficiaries of an estate who lost their inheritance because of the negligence of the solicitors who prepared the will but failed to sever the joint tenancy of the testator’s home.

Negligent tax planning advice

Advising on claims against accountants and solicitors for negligent inheritance tax planning advice.

Related expertise

Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP