You put your trust in a professional to advise and assist you but sometimes, things go wrong and they let you down.  Mistakes can be made, deadlines can be missed or poor advice given.

If you have issues relating to the conduct or advice of a professional in relation to wills, trusts, estates or any claim you may have then we are on hand to help.  Sometimes, matters can be rectified but this is not always the case (for example by using a Deed of Variation).  In these cases we can advise you on a negligence claim against the professional them self. 

How do I prove that a Solicitor has been negligent?

In law, there are three requirements to prove that someone has been negligent:

  • that they owed you a duty of care
  • that they breached that duty of care
  • that their breach of duty has caused you a financial loss

Professional negligence is where a professional person (this could be a financial adviser, valuer, surveyor, accountant or solicitor) fails to perform to the standards required of them, resulting in their client suffering damage or loss. A professional person has a duty of care to their client to perform their job to a reasonable standard and with reasonable care.

Negligence occurs if the professional has not provided a reasonable level of skill and care and the level of service or standard of work that you could reasonably expect from a professional working in those circumstances.

How can Sydney Mitchell help?

Type of cases we can help with:

  • Failure of a professional to protect your position or issue a claim within legal time limits
  • Negligently drafted Wills
  • Negligently drafted Trusts
  • Claims against potential Executors or Trustees

But if you feel you have been given poor advice by a professional you can base your claim on one of two grounds:

  1. If you can prove that another experienced professional in the same field would have offered different advice; or
  2. If you can prove that the advisor in question failed to adhere to the common standards of practice in their field

Contact our Contentious Probate team on 0808 166 8834


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