Solicitor completely effed up!

[JessicaRabbit23]

Can anybody let me know if this is ok to send to a solicitor for a complaint? Am I being unreasonable?
thanks

Dear [Solicitor’s Name or Firm],

I am writing to formally lodge a complaint regarding serious errors during the probate process of [Deceased’s Name]. Two wills were provided to your firm: a revoked will and the most recent valid will. Despite clear communication, the revoked will was initially sent to probate, delaying the process by several months. While I was understanding, the situation escalated when HMRC granted probate, but then uploaded the revoked will to the public registry. This has resulted in the previous beneficiary being aware of their inclusion in a superseded will, creating significant concern.

Although I contacted your office immediately upon discovering this error, and you acted swiftly to correct it, the fact remains that this mistake has jeopardized the integrity of the probate process and caused undue stress. Given these circumstances, I request that your firm cover any legal costs I now incur due to potential contestation of the will. I would also like a written clarification confirming whether this incident constitutes legal malpractice or gross misconduct. Should I not receive satisfactory resolution, I will have no choice but to escalate this matter.

I look forward to your prompt response.

Yours sincerely,
[Your Name]
[Your Contact Information]

Who?

Thank you 🫶

@JessicaRabbit23 could I offer a different suggestion?

If you make a complaint against the solicitor it would need to be to get compensation for any direct

loss you suffered because of their mistake e.g. because of probate delay. You would need to ask for a specific sum to cover it.
If there is no financial loss I would instead write to them and ask them to

1. take all necessary action with HMRC to delete the revoked will and upload the valid one and
2. write to the aggrieved party apologising for the issue but stating that Legal probate has been granted, the will administered in full accordance with the deceased 's wishes, and to please refrain from any further contact with you on this matter.

Said relative will have no.joy with the will as it was valid and they are not a dependant. But they can go ahead and complain about the solicitor and/or HMRC if they wish!

This really shows you have nothing to worry about, the probate office have accepted and granted probate on the final will - the previous one is therefore confirmed to have been superseded.

The ex partners daughter has not a fractal of a chance in hell of winning a contest - your dad revised his will, years ago, and the current version has been ratified, approved and probate granted.

She was not a dependant, and the change was so long ago she will have no chance of proving an issue with coercion or testamentary capacity. Please don't worry.

Don't complain to the solicitors, but you could ask them to draft a reply to her to get her to stop contacting you, outlining the position - I would hope they might do that FOC due to the mix up, that letter would be worth more than compensation.

The solicitors mistake is quite minor then, as PP said I think a claim against them will fail on causation as the real reason for the problem is the wrong document being uploaded in error, which the solicitor was not responsible for.

Tell the CF to fuck off and don’t give them another thought.

Thank you 🫶

Mistakes happen, no one can contest a will when it has been revoked by a valid will. The Probate Registry will progress granting probate on the correct Will, it is just time that you will lose, the solicitor wouldn’t/shouldn’t charge you for extra work carried out following their mistakes. We are all human and threatening emails will not help you; only make you look like an unreasonable person!

The author of the other thread.

Thank you ever so much for your reply. I feel like the solicitors did what they could and I wouldn’t want to get the solicitor I had in trouble. I just had scenarios of her contesting and me loosing everything. I don’t know why. I just think like this.

Thank you. Probate was granted last month and I have already started dipping into it paying debts off. It was a mistake it’s been corrected but that doesn’t stop me worrying about the awkward situation x

Thank you. 🙏🫶

Thank you 🫶🙏

No not at all. My family have nothing to do with her. The situation was odd. I have tried to be nice but feel like after this I need to disengage

Oh really I read that and she was talking about care needs and a partner looking after parents

As other PP have said - the solicitor didn't really make the mistake, it was the probate registry.

Don't send the letter you have written it's complete nonsense. You could ask your solicitor to send a letter, free of charge, to the ex beneficiary outlining what has happened and that probate was granted.
Its so difficult to challenge a will - even actual children aren't always successful, never mind adult children of ex partners! You have to prove reasonable financial dependence to the deceased - child under 18/wife/child with disabilities etc, if you are 'left out of someone's will', not just unfairness/i was in the previous will. Its also a costly affair to challenge a long standing will - you mentioned it was written in 2016.

Don't give this anymore brain space, use the money you have been left wisely (or spend it all!). I'm sorry for the loss of your father xxx

Is it possible that when her parent died they left their money to your dad instead of her so you are getting what would have been her inheritance and that is why she feels like she does?

Possibly but if her parent left it to op dad then it wouldn't have been her inheritance, op doesn't need the added stress of trying to figure out the past and motives.

Why does it matter if it's AI? They're not applying for a job or submitting some coursework for a degree.

You’ve quote a thread where a blood family member is getting £10k, not remotely what this thread is talking about. Because this is about disinheritance.

Because it's incorrect and doesn't make any sense

Absolutely not the case x

Of course not, if it was then she would have contested her mums will. This is not for you to worry about, you've enough to deal with.

I would refer to the LAW SOCIETY.

Please tell me, it’s not a Hampshire-based solicitor by any chance? I’m having to act similarly because of malpractice, though not a probate issue.