Claims against negligent advisers

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.