What is Professional Negligence?
Sometimes, a problem in a Will is caused by how it was drafted. If the person making the Will (the Testator) paid someone to write a Will for them (such as a Solicitor, Will Writer or Financial Advisor), that person owes a duty to ensure the Will properly reflected their wishes and considered all relevant matters. This duty extends beyond the original Testator to people who were intended to benefit from the Will.
Therefore, at the same time as investigating any claims you have which relate directly to the Will, we will consider if the Will drafting itself was negligent. If so, we can discuss with you progressing such a “professional negligence claim”. Regulated professionals who draft Wills (e.g. Solicitors) are obliged to have insurance to cover such claims, so these claims are especially important where you might not recover compensation from another party despite their wrong doing.
Professional negligence claims can also include investigating bad advice at other stages in managing an Estate.
