Professional Negligence Claims

We understand the importance of reliable professional advice, particularly in complex matters such as Wills, trusts, and estates. When that advice falls short, the consequences can be significant. At Roythornes, our experienced solicitors provide practical, compassionate guidance to help you address professional negligence and protect your financial interests.

We will help you explore and pursue your options when you have received negligent advice from a professional on Wills, trusts and related matters. You may believe you were wrongly advised by professionals such as solicitors, Will writers, accountants, tax advisors or financial advisors who were involved in the Wills process.

We understand that the impact of bad advice can be devastating, and our private wealth disputes team can help you begin to mitigate damages to your financial standings whilst we pursue your professional negligence claim to seek restoration and possible compensation. Our team specialise in alternative dispute resolution such as mediation, meaning you can trust us to save you time, stress and money throughout the process.

At Roythornes, our professional negligence solicitors can help you in a number of ways, including:

Case specific advice
Collecting and preparing evidence
Negotiation and mediation
Drafting and filing legal documents
Representation in Court

Get in touch with our professional negligence claims solicitors

For help and advice with negligence and Wills issues, get in touch with our skilled professional negligence solicitors in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.

What types of negligence claims can you make against professional advisors?

Negligent advice or negligent misstatement

If a professional has given you improper advice that leads to losses relating to the trust or estate, or provided information that is fundamentally inaccurate relating to your responsibilities and duties or how you should handle the assets, then you may be able to make a professional negligence claim.

Negligent advice claims require proof that the professional owed you a duty of care, breached that duty, and caused financial loss. Our solicitors will assess your case and provide clear advice on the best method of pursuing compensation.

Failure to meet deadlines

There are many key deadlines involved in Wills and trusts, including applying for grant of probate or failing to survey a property valuation on time, and if your professional fails to meet them and causes you losses, then that may be grounds for a claim.

We appreciate how much missing a deadline can impact a process, and can quantify the scale of this to ensure you are given the greatest chance to receive the most compensation from your claim.

Conflict of interest

Conflicts of interest can undermine trust and lead to financial harm. If your professional advisor acted in a way that prioritised their own interests over yours, we can help you seek redress, and ensure that justice is served appropriately.

Negligent documentation handling

The documentation involved in Wills and trusts is critical, and mismanagement of this documentation, such as poor drafting resulting in tax consequences, can be grounds for a claim.

We understand how frustrating documentation errors can be, especially when they lead to financial or emotional stress. Our team will investigate whether these errors constitute professional negligence and build a robust case on your behalf so you can focus on what’s important.

Inadequate due diligence

Due diligence is the expectation that professionals will verify information to a reasonable extent before providing advice. For example, a property surveyor within an estate would be expected to investigate the condition of the assets properly in order to establish its value.

We appreciate how confusing this can be and will strive to clear up this process for you, removing the stress you may be feeling. Our solicitors will carefully investigate these issues and build a robust case to help restore your peace of mind.

Failure to follow instructions

Instructions refer to the agreed-upon strategy discussed by the client and the professional. For instance, if an accountant agreed to set up specific financial provisions for your estate but failed to follow through, resulting in unnecessary tax liabilities, you may have grounds for a claim.

Breach of confidentiality or fiduciary duty

If a professional has failed to protect their client's information either by accident or intentionally, this can lead to a negligence claim. Likewise, a breach of the fiduciary duty, this being the duty to protect the client’s best financial interest, can also give rise to a claim.

Our professional negligence claims expertise

Case specific advice

We get to know the intricacies of your circumstances and provide case-specific advice that is tailored to your needs. Our professional negligence solicitors understand that you may be apprehensive of legal advice if you have been misled before, and our sympathetic team will be fully transparent and communicative throughout the process.

Collecting and preparing evidence

When assembling your case, we will collect all necessary evidence and contact trusted third-party professionals where advantageous. You can be assured that we will compile the most beneficial evidence to your case.

Negotiation and mediation

We know that resolving disputes quickly and amicably is important to you. Our team prioritises alternative dispute resolution methods like mediation to save you time, money, and stress.

We will negotiate on your behalf where advantageous and otherwise facilitate mediation sessions to take advantage of alternative dispute resolution methods and save time and legal costs. We are firm believers in constructive dispute resolution and will strive to deliver a solution that puts your wellbeing first.

Drafting and filing legal documents

If the claim goes to court, then we will draft and file all of the necessary legal documents. We can also look over the related legal documents already in circulation, such as Wills and trusts instructions, to identify evidence of professional negligence.

Our team have comprehensive experience drafting documents to the greatest level of detail and will provide bespoke documentation that best suits your needs.

Representation in Court

Our skilled solicitors can represent you in court and ensure that you have the advice, preparation and representation necessary to give your case the strongest possible presentation.

Frequently asked questions about professional negligence claims

What types of professionals can you claim against?

If you have received negligent professional advice relating to Wills, trusts or related matters, then you can make a claim against whichever professional jeopardised your financial well-being. These professionals may have been involved in the creation, administration, or execution of the Will or trust. This may include:

Solicitors
Court representatives
Trustees
Care professionals
Estate planning lawyers
Financial advisors
Accountants
Tax advisors
Professional executors
Probate specialists
Mediators or Arbitrators involved in relevant dispute resolution
Valuers
Guardians

Can you sue a solicitor for professional negligence?

If a solicitor breached their duty of care in handling your Wills or trust matters, you can pursue a claim to recover financial losses or other damages. We will help you prove negligence, calculate your losses, and secure a fair resolution through negotiation or litigation.

Our professional negligence solicitors can help you to first establish the duty of care they owed to you, and then build a case surrounding exactly how they breached that duty. This might involve gathering evidence of them giving incorrect legal advice, mishandling a case, or failing to file documents on time.

Once we have proven that the solicitor’s actions directly caused you to lose finances or reputation in the handling of your wills and trust needs, then the financial losses will be calculated and either settled through mediation, or determined in court.

It is important to note in this regard that claims against a solicitor can sometimes involve professional indemnity insurance, which may cover some or all damages.

How much can you sue for professional negligence?

If you are suing for professional negligence, there are a few sorts of damages that you may receive which can contribute to the final amount. These are:

Compensatory damages, which can be direct or consequential financial losses caused by the solicitor’s negligence. Whilst there is no set limit to compensation for a professional negligence claim, the amount must be found reasonable by the Court and will typically be whatever is necessary to put you back into position as though the solicitor had acted correctly
Legal costs, meaning that you may be able to recover some or all of the legal costs involved in your claim
Non-financial losses, including compensation for emotional distress, reputational damage, your time commitment, or inconveniences
Interest on losses, if your claim took a long time, you may be able to claim interest on your losses.

How do you prove professional negligence?

To prove professional negligence, you must establish:

The professional owed you a duty of care.
They breached that duty through their actions or omissions.
This breach caused financial losses that were reasonably foreseeable.
Our solicitors will assess your case and gather evidence to support your claim, ensuring your rights are protected.

Our professional negligence lawyers will advise you as to whether you have grounds for a claim and, if so, provide robust legal representation.

How long does a professional negligence claim take?

Most professional negligence claims take up to 12 months or a year to arrive in Court, but the complexity of your case will affect this timeline. We understand the frustration of the Will or estate of the recently deceased being inaccessible or misapplied, and wherever possible, our solicitors will resolve the matter out of court in a more efficient manner.

What is the time limit for a professional negligence claim?

Whilst there are some exceptions for children or people lacking mental capacity, the time limit for a professional negligence case is six years, starting from the date of the negligent deed.

If you discover the negligence later, you may still claim within three years of the date you became aware of the issue. Rest assured that our solicitors will file your claim within the required timeframe to protect your rights.

You may also have an additional three years to act if you need time to gather material facts for the effect of the negligence, such as watching the value of a mishandled estate decrease or witnessing the impact of a missed probate deadline.

Why choose Roythornes’ professional negligence claims solicitors?

At Roythornes, we understand that professional negligence can have significant financial and emotional consequences, especially when Wills and trusts are involved. Our compassionate team will work closely with you to assess the impact, explore your legal options, and pursue the compensation you deserve.

As experts in professional negligence law, we are well positioned to support you, no matter how complicated your case.

We hold the Law Society’s Lexcel accreditation in recognition of the high standards of our practice management and client care, as well as the Customer Service Excellence award.

Get in touch with our professional negligence claims solicitors

For help and advice with negligence and Wills issues, get in touch with our skilled professional negligence solicitors in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.

How can we help?