When a loved one dies it is a difficult and emotional time. The last thing you need is to feel that somebody who should have been looking after their interests has made errors that have affected their wishes.
Wills and probate is an area of law that is governed by time and procedural requirements. If these are not met then there is a possibility that people who should have benefitted from a will or the administration of an estate miss out, resulting in emotional and financial hardship.
Examples of such errors might include:
If a solicitor has made errors then a claim could be brought against them in negligence.
A claim can be brought against a solicitor by the client who instructed them (usually the administrator of the estate under the terms of the will or under the rules of intestacy) or someone who should have benefitted from the estate.
In short – as quickly as possible. There are time limits within which you must bring a claim – 6 years from the negligent event or 3 years from the date you realised negligence had occurred. Even if the time limit is not nearly up, you will need to give your legal representative as long as possible to build a case before submitting a claim.
Bringing a claim in negligence against a solicitor can be very expensive. However, you may be able to proceed under a Conditional Fee Agreement (CFA), commonly known as No Win, No Fee. Under a CFA, if you are not successful you will not have to pay legal costs. If successful, the legal representative will normally be paid legal costs by the other side and may be entitled to a success fee which will have been agreed with you in advance.
Gard & Co are established in the area of solicitor negligence claims and provide a free initial consultation so you can discuss your situation with us without obligation. We could then obtain the relevant papers from the solicitors involved and assess the situation to see if it is possible to proceed on a No Win No Fee basis.