Professional Negligence Claims

1 

Disappointed Beneficiary Claims (White v Jones)

Whilst solicitors can normally only be sued by their clients (i.e. the person with whom the solicitor has a contractual relationship with), the leading case of White v Jones (1995) established the principal that a  solicitor can be liable in negligence to a person who does not inherit from an estate in circumstances where they would have, but for the solicitors failure to carry out instructions provided to them by their client (the testator).

​

In this case, a father had quarreled with his daughters and executed a will which cut them out and left everything to his partner.  The father and his daughters later reconciled and the father contacted his solicitor to ask them to prepare a new will which would leave a lump sum to each daughter.  The solicitor did not act upon those instructions and the deceased died without having changed his will.

The daughters sued the solicitor for negligence, arguing that the solicitor's failure to act promptly deprived them of their inheritance. The House of Lords held that the solicitor owed a duty of care not only to the client (the father) but also to the intended beneficiaries (the daughters). This case established that disappointed beneficiaries can pursue claims against solicitors for failing to execute a will as intended.

2

Errors in Will Drafting & Tax Planning Advice

Claims can arise from mistakes made in drafting a will, such as improper wording, ambiguity, or failure to include specific provisions that reflect the testator's wishes.

If a will does not accurately capture the testator's intentions due to a solicitor's negligence, it may lead to disputes among beneficiaries or result in the estate being distributed contrary to the testator’s wishes. Beneficiaries may claim that they suffered financial losses as a result of these errors.

​

Solicitors have a responsibility to inform clients about potential tax implications when drafting a will or managing an estate. Failure to provide adequate advice on inheritance tax or capital gains tax can lead to financial losses for the beneficiaries. If an estate incurs unexpected tax liabilities due to the solicitor's negligence in advising the testator, beneficiaries may have grounds for a claim.

3

Mismanagement of Estate Administration

​Negligence can also occur during the administration of an estate. Executors or solicitors in charge of managing the estate have a duty to act in the best interests of the beneficiaries. Claims may arise from mismanagement of assets, failure to pay debts or taxes, or improper distribution of assets. If the estate incurs unnecessary costs or losses due to the negligence of the legal professional, beneficiaries can seek redress.