Claims against negligent advisers

Often the mistake will not come to light until the person who made the will has died. Common mistakes include a 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), or if the drafting of the will takes excessively long and the client dies before signing it.

Sometimes mistakes can be rectified, and we can discuss with you the likelihood of this, how this can be achieved, and whether the costs of rectification are recoverable from a negligent adviser. Where a mistake cannot be put right, we can investigate whether you can make a claim for professional negligence against the adviser, and if any compensation may be due.

An executor or trustee occupies a position of responsibility. In this role, they are required to fulfil a range of obligations, including the preparation of accounts, the provision of information to beneficiaries, and acting without bias. Failure to meet these obligations can result in financial loss to the estate or trust, potentially leading to legal action for breach of trust.

Our solicitors represent both individuals who are concerned about the conduct of a trustee or executor in relation to a trust or estate in which they have an interest, and those acting as trustees or executors who are facing allegations or scrutiny from beneficiaries.

Where the conduct of a trustee or executor has resulted in a loss, several courses of action may be available. These can include requiring the trustee to reimburse the trust or estate, securing an injunction, or applying to the court for the removal of the trustee or executor.

We work to ensure that any likely breaches of trust are either prevented or addressed in a manner that maintains constructive relationships between executors, trustees, and beneficiaries. This is especially significant in the context of family trusts, where preserving harmony can be crucial. We also provide clear advice on possible claims and the legal options available after a breach has occurred.