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24 September 2020

Are you concerned that a mistake has been made in the drafting or execution of a will?

1 min

As swathes of the population come under increasing financial strain, we anticipate that claims against insurers and professionals will steadily increase.

We expect to see more professional negligence enquiries concerning contentious probate issues. When there are question marks over the mental capacity of the testator, or the accuracy of a will, the spotlight often turns to the retained solicitors. If for example, a dispute arises between the beneficiaries, they may also have a claim against the legal professional who drafted or oversaw the execution of the will.  It can take some years for mistakes to become apparent or have an impact so if you identify a problem, you should seek advice as soon as possible to ensure that your potential claim does not become time barred. The time limit for bringing a claim in negligence is 6 years, but the time limit may be extended  if you did not find out about the mistake until later.

If your query relates to contentious probate issues please contact Amrit Rana.

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