If you suspect a professional has handled an estate negligently, there may be grounds for a professional negligence claim. This may involve solicitors, accountants, financial advisers or other professionals involved in the administration of the estate.
We frequently advise disappointed beneficiaries, including charities, about potential negligence claims. Our legacy protection team is able to draw on many areas of expertise to investigate potential failings, protect your charity’s position and seek to recover losses where appropriate.
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Estate distribution
When a charity is a beneficiary in a will, any potential negligence by the professionals in charge could significantly impact the estate’s distribution. Negligence can also lead to significant delays in the administration process, penalties being incurred and a reduction in the overall value of estate assets, particularly where Inheritance Tax issues have not been dealt with correctly.
Whatever the nature of the professional failing, the net result is often a reduction in the amount of money your charity receives to support its charitable objectives.
Negligence when making a will
One of the most frequent instances of professional negligence impacting charities is the improper drafting or execution of a will. If you are named as a beneficiary, this could, again, reduce the amount you receive, or, in the most serious cases, result in the gift failing entirely.
This type of negligence often arises because the will was not witnessed correctly, or the person who drafted it failed to advise appropriately on the effect of its terms. It may also occur because instructions were given, but the will was not prepared quickly enough in the circumstances.
If you suspect a potential case of professional negligence could impact a legacy gift to your charity, it is important to seek advice at the earliest opportunity. Our Charity Assist team is happy to discuss the circumstances with you on an initial no-obligation basis about the specific circumstances surrounding your case.
