Negligence Claims in Wills & Probate

Negligence Claims in Wills & Probate

Negligence Claims in Wills & Probate

Negligence Claims in Wills & Probate – Do I have a professional negligence claim?

We can assist with negligence claims in wills & probate.  When drafting a will solicitors owe a duty of care to both testators and beneficiaries.

Successful claims have been brought against solicitors for failing to properly assess testamentary capacity to not identifying a testator who was being unduly influenced.

Click here to complete our Professional Negligence Claim Enquiry Form or telephone 01925 937070 for expert legal advice.

We also have a Wigan office which can be contacted on 01942 914004.

Making a negligence claim for wills & probate

Other examples of negligence would be:-

  • Failure to inherit as a result of negligent will drafting;
  • Delay in preparation of the will or its execution (signing);
  • Failure to draft the will in accordance with the testator’s instructions;
  • Failure to ensure that the will is validly witnessed and signed.

Is there a time limit to bring a professional negligence claim?

There are strict time limits in bringing a professional negligence claim, usually it is six years from the date of the negligence.  However this may be extended where the negligence only becomes apparent at a later date known as “date of knowledge”.  It is always best to speak to a solicitor as soon as you become aware of the negligence to ensure that you do not miss the time limit and your claim becomes ‘statute barred’, meaning that your claim is likely to fail as the Defendant will argue your claim is out of time. 

Contact us for a free assessment of your professional negligence claim

If you think you may have suffered loss as a result of the negligent act of a solicitor or will-writer, then please contact us on 01925 937070 for a free consultation or email  If we believe you have a good claim, we will consider taking your claim on a ‘no win, no fee’ basis. Alternatively click here to complete our Professional Negligence Enquiry Claim Form.

Expert Solicitors in Warrington, Cheshire

Our local Warrington office is minutes away from Junction 8 of the M62 and has free on-site car parking and disabled access. 

We can assist with professional negligence claims, making a will, oaths, affidavits and statutory declarations, lasting powers of attorneyemployment law claims, settlement agreements, personal injury (accident claims including fatality claims), medical negligence claims and criminal injury compensation claimsClick here to complete our Claim Enquiry Form.

Why choose DSM Legal Solicitors?

We specialise in no win no fee agreements.

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All information contained within this website, including fact sheets or template letters, is provided for general information only and is not intended to constitute legal advice. You should contact a solicitor or other legal professional for advice relating to your specific circumstances if you have any questions about any legal matter. DSM Legal accepts no liability for any adverse consequences arising from reliance on this website for legal advice.

DSM Legal Solicitors is regulated by the Solicitors Regulation Authority – number 00346482