Professional negligence in probate occurs when a solicitor, will writer, or other professional fails to exercise reasonable skill and care in administering a deceased person’s estate or drafting their Will. This can result in financial loss, disinheritance, or avoidable legal disputes. Common examples include:

• Mishandling of estate administration

• Drafting errors in a Will

• Failing to advise on inheritance tax

• Missing court deadlines

• Giving incorrect legal advice to executors or beneficiaries

If you’ve been affected by such negligence, you may be entitled to make a legal claim for compensation.

Making a professional negligence claim in probate typically involves three stages:

• Investigation – Our expert solicitors will review the Will, trust documents, estate accounts, legal correspondence, and medical evidence where necessary. We may also gather witness statements to assess the strength of your case.

• Mediation – Before issuing court proceedings, we often recommend alternative dispute resolution (ADR), such as mediation, to attempt a settlement and avoid costly litigation.

• Court Proceedings – If an agreement cannot be reached, we will represent you in court to secure the compensation you deserve.

All claims follow the Pre-Action Protocol for Professional Negligence, which encourages early information sharing and negotiation.

A professional negligence claim related to probate can be brought by any individual who has suffered loss due to a professional's error or omission, including:

• Beneficiaries who were incorrectly excluded or received less than they were entitled to

• Executors or administrators affected by poor legal advice

• Disappointed beneficiaries in Will-drafting errors (known as “White v Jones” claims)

We can advise you on your legal standing and whether you are eligible to bring a claim.

You usually have six years from the date the negligence occurred to bring a claim. However, if you only discovered the problem later, the law may give you three years from the date you became aware of the issue (“date of knowledge”).

Exceptions apply, especially where minors or vulnerable adults are involved, so it’s essential to seek early legal advice.

To bring a successful negligence claim, we typically require:

• The Will and any amendments (codicils)

• Retainer agreements with the professional

• Correspondence (emails, letters, call notes)

• Estate accounts and probate documents

• Medical records, if testamentary capacity is in question

• Expert reports assessing whether the professional's conduct fell below the required standard

• Proof of financial loss, such as missed inheritance or additional legal expenses

You must establish the following elements:

1. Duty of Care – The professional owed you a legal duty.

2. Breach of Duty – They failed to meet the standard of a reasonably competent practitioner.

3. Causation – You suffered financial loss as a direct result of their negligence.

This is assessed objectively. Not every mistake amounts to negligence, but where professional errors result in measurable loss, a claim may succeed.

No. While a contractual relationship helps establish a claim, you can also rely on a duty of care in tort, especially in “disappointed beneficiary” cases. For example, a solicitor may owe a duty of care to a person intended to benefit under a Will, even if they weren’t the solicitor’s direct client.

Compensation aims to put you in the position you would have been in if the negligence hadn’t occurred. You may be able to claim for:

• Lost inheritance

• Additional legal or court costs

• Diminished estate value

• Missed financial opportunities

• Emotional distress and inconvenience, in certain circumstances

• Time and expense spent resolving issues caused by the negligence

In some cases, you may also recover your legal fees.

We offer various funding options, including “No Win, No Fee” arrangements (Conditional Fee Agreements), where appropriate. During our initial consultation, we’ll assess the merits of your claim and advise you on the most cost-effective approach. We aim to provide full transparency on legal fees.

The timescale can vary depending on complexity and whether court proceedings are necessary:

• Simple cases may resolve within 6–9 months.

• Disputes involving court action or multiple parties can take 12–24 months or more.

We strive to resolve claims as swiftly and efficiently as possible, always prioritising your best interests.

Yes. If a solicitor makes a drafting error in a Will that results in loss to a beneficiary, such as including the wrong person, failing to reflect the testator’s instructions, or invalidating the Will entirely, this may be grounds for a “disappointed beneficiary” claim under professional negligence.

A White v Jones claim refers to a legal precedent that allows a disappointed beneficiary to sue a solicitor who negligently drafted a Will. If the negligence caused the claimant to lose out on an intended inheritance, they may have a valid claim even though they were not the solicitor’s client.

Act promptly. Seek legal advice immediately to preserve evidence and comply with limitation periods. Our specialist contentious probate solicitors can:

• Assess the merits of your claim

• Request disclosure from the professional

• Initiate the pre-action protocol

• Advise you on alternative dispute resolution or court action

We are one of the UK’s leading firms for contentious probate and professional negligence claims. Our team combines in-depth knowledge of estate law with extensive experience in pursuing solicitors, will writers, and other professionals who have failed their clients. We offer:

• Tailored advice

• Transparent costs

• National reputation in probate litigation

• Flexible funding options