---
title: "Probate solicitor errors and delays: can executors or beneficiaries claim?"
url: https://professionalnegligenceclaimsolicitors.co.uk/probate-solicitor-errors-and-delays-can-executors-or-beneficiaries-claim/
date: 2026-11-02
modified: 2026-11-02
lang: en
author: "pncs"
description: "Usually yes, but which person brings the claim matters more than most families expect. A probate solicitor’s client is the executor or administrator, so it is the personal representative who normally sues the firm for losses the estate suffers through its mistakes or delay, and in most cases that claim must be issued within six years. A beneficiary is rarely owed a duty by the estate’s solicitor directly, and will usually have to work through the executor or, failing that, ask the court to replace them."
categories:
  - "Lawyers"
  - "legal"
  - "Legal Negligence"
  - "Letter Before Claim"
  - "LEXLAW"
  - "Limitation periods"
  - "Litigation advice"
  - "negligence"
  - "Negligence Claim"
  - "Negligent Solicitor"
  - "Pre Action Protocols"
  - "professional negligence"
  - "Professional Negligence Cases"
  - "Second Opinion"
  - "Third party claims"
  - "tort law"
tags:
  - "beneficiary claims"
  - "disappointed beneficiary"
  - "estate administration delay"
  - "executor claims"
  - "inheritance tax interest"
  - "negligent probate solicitor"
  - "personal representative"
  - "probate solicitor negligence"
  - "professional executor"
  - "Section 14A Limitation Act 1980"
  - "section 21 Limitation Act 1980"
  - "section 216 Inheritance Tax Act 1984"
  - "section 22 Limitation Act 1980"
  - "section 25 Administration of Estates Act 1925"
  - "section 27 Trustee Act 1925"
  - "section 35 Trustee Act 2000"
  - "section 44 Administration of Estates Act 1925"
  - "section 50 Administration of Justice Act 1985"
  - "section 61 Trustee Act 1925"
  - "section 71 Solicitors Act 1974"
  - "solicitor costs assessment"
image: https://professionalnegligenceclaimsolicitors.co.uk/wp-content/uploads/Probate-and-Estate-Administration-Desk-1024x683.png
word_count: 2828
---

# Probate solicitor errors and delays: can executors or beneficiaries claim?

**Usually yes, but which person brings the claim matters more than most families expect. A probate solicitor's client is the executor or administrator, so it is the personal representative who normally sues the firm for losses the estate suffers through its mistakes or delay, and in most cases that claim must be issued within six years. A beneficiary is rarely owed a duty by the estate's solicitor directly, and will usually have to work through the executor or, failing that, ask the court to replace them.**

This question usually comes from a beneficiary who has waited two years and assumed the estate's solicitor worked for the family, or from a lay executor now receiving HMRC letters about interest. Both are surprised by who holds the right to sue, and our [page on probate applications and the role of the executor](https://lexlaw.co.uk/practice-areas/probate-solicitor-london/) sets out what a grant of representation actually authorises.

### Want legal advice on the merits of your case?
Your legal enquiry goes immediately to our PN litigation team in Middle Temple, London. We can't take on low value cases or give free legal advice - our minimum fee is £1750 +VAT for a conference with a solicitor and barrister. Call us on +442071830529.

[Check My Case Now ✔](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/)

## Whose solicitor is it?

When an executor instructs a firm to obtain the grant and administer the estate, the retainer is between the firm and the personal representatives. The solicitor owes them a contractual duty of reasonable skill and care and a parallel duty in tort, the ordinary basis of the claims described in our [guide to suing a negligent solicitor or law firm](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/).

The beneficiaries are not parties to that contract. The law protects their interest in proper administration mainly by imposing duties on the personal representatives themselves. Whether the firm fell below the standard of a reasonably competent probate practitioner is assessed in the usual way, which our [explanation of breach of duty in professional negligence](https://professionalnegligenceclaimsolicitors.co.uk/breach-of-duty-explained-professional-negligence-guide/) covers.

## What an executor can claim for

The executor's claim is for the loss the estate suffered through the firm's failings: HMRC interest because the inheritance tax account went in late, the cost of correcting a wrong valuation, or a fall in the price of a property the firm left unsold for months. Our [guide to how compensation is calculated in a professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/how-is-compensation-calculated-in-a-professional-negligence-claim/) explains how the court values each of those heads.

An executor can also lose personally. Advice to distribute too early or to pay the wrong person can leave the executor liable to a beneficiary or creditor, and the firm can be made to answer for that exposure. The court will still ask whether the loss falls within the risk the solicitor was engaged to guard against, a question covered in our note on [which damages are recoverable](https://professionalnegligenceclaimsolicitors.co.uk/recoverable-damages-in-professional-negligence-claims/).

## Can a beneficiary sue the estate's solicitor directly?

Only in limited circumstances. English law makes a recognised exception for will preparation: in White v Jones [1995] 2 AC 207 the House of Lords allowed a disappointed beneficiary to recover the legacy lost because the testator's solicitor delayed in drawing up the will. Our article on [claims for a negligently prepared will](https://professionalnegligenceclaimsolicitors.co.uk/negligent-will-writing-claim-defective-will/) explains that the duty rests on the drafter's assumption of responsibility for the task and is generally recognised only where the beneficiary has no other remedy.

Administration after death is different. The solicitor is carrying out the executor's instructions, and the beneficiary normally has a remedy against the executor, so we treat a direct claim against the estate's solicitor as the exception. The general position on non-clients is set out in our guide to [whether a third party can sue a professional for negligence](https://professionalnegligenceclaimsolicitors.co.uk/can-a-third-party-sue-a-professional-for-negligence-advice/). Facts can change the picture, for instance where the solicitor advised a beneficiary directly, and our analysis of [solicitors' duty of care to third parties](https://professionalnegligenceclaimsolicitors.co.uk/solicitors-duty-of-care-to-third-parties/) looks at where the courts draw the line.

## The route through the executor

A beneficiary should usually start by writing to the executor to ask whether the executor will claim against the firm. Section 25 of the Administration of Estates Act 1925 obliges a personal representative to "collect and get in the real and personal estate of the deceased and administer it according to law", and to "render an account" when the court requires one. A properly drafted [letter before claim for professional negligence](https://professionalnegligenceclaimsolicitors.co.uk/what-should-be-in-a-letter-before-claim-action-for-professional-negligence/) can then go to the firm in the executor's name.

Where the executor will not act, or is too close to the firm to act, the court can change who is in charge. Section 50(1) of the Administration of Justice Act 1985 allows the High Court, on an application by a personal representative or "a beneficiary of the estate", to appoint a substituted personal representative or to terminate the appointment of one or more of several personal representatives. The substitute can then decide whether to bring the estate's claim against the solicitor, and our [probate practice](https://lexlaw.co.uk/practice-areas/probate-solicitor-london/) assists where there is a dispute surrounding the deceased's estate.

## When the law firm is also the executor

Many wills appoint partners of the drafting firm as executors, and a beneficiary can then pursue the professionals directly for breach of the duties of that office. Section 35(1) of the Trustee Act 2000 applies the Act to a personal representative "as it applies to a trustee carrying out a trust for beneficiaries", and where the statutory duty of care in section 1(1) applies, a trustee acting "in the course of a business or profession" must show the "special knowledge or experience that it is reasonable to expect" of that kind of professional. Our page on [legal negligence claims against solicitors and barristers](https://professionalnegligenceclaimsolicitors.co.uk/legal-negligence-claims-against-solicitor-barrister/) explains how these claims are framed.

For lay executors who relied on their solicitor, section 61 of the Trustee Act 1925 allows the court to relieve a trustee "either wholly or partly from personal liability" where the trustee "has acted honestly and reasonably, and ought fairly to be excused", and that Act's definition of trustee includes a personal representative. An executor who followed professional advice in good faith may have a strong case for relief, which tends to move the loss towards the firm and its insurers. If the firm has since closed, our guidance on [claims after a solicitor's firm has closed or collapsed](https://professionalnegligenceclaimsolicitors.co.uk/solicitors-firm-closed-or-collapsed-can-you-still-claim/) explains how the claim survives.

## How long is too long?

There is no fixed deadline for finishing an estate. Section 44 of the Administration of Estates Act 1925 provides that "a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death", a rule often called the executor's year. It protects the personal representative during the first year and licenses nothing beyond it. An estate still open years later with no reason on the file calls for an explanation, and the standard the firm is measured against is the one set out in our [guide to solicitor negligence claims](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/).

Delay becomes a claim when it causes a loss that can be measured, and the evidence has to tie that loss to the period of avoidable delay. A firm that realises it has made a mistake is required by paragraph 7.11 of the SRA Code of Conduct for Solicitors to explain what has happened and the likely impact, a duty we discuss in our article asking [whether your solicitor has to tell you they made a mistake](https://professionalnegligenceclaimsolicitors.co.uk/solicitor-mistake-duty-tell-client/).

## Inheritance tax mistakes and HMRC interest

Under section 200(1)(a) of the Inheritance Tax Act 1984 the personal representatives are among the persons liable for the tax on death, and section 216(6)(a) requires their account to be delivered "before the expiration of the period of twelve months from the end of the month in which the death occurs", or within three months of first acting if that is later. Under section 226(2) they pay the tax for which they are liable on delivering that account, and section 233(1)(b) charges interest on tax unpaid six months after the end of the month of death. A firm that sits on the account leaves the estate paying interest it never needed to incur, and HMRC may challenge the figures too, as our page on [HMRC investigations into inheritance tax](https://taxdisputes.co.uk/2020/07/hmrc-investigations-inheritance-tax-disputes-iht-disclosure-advise/) explains.

Where a wrong valuation or an omitted asset leads to a penalty, the dispute with HMRC is a tax matter covered by our guide to [HMRC penalties](https://taxdisputes.co.uk/hmrc-penalties/), while the cost of the penalty may be recoverable from the adviser responsible, as explained in our page on [negligent tax advice claims](https://taxdisputes.co.uk/professional-negligence-negligent-tax-advice-sue-accountant-claims/). For deaths on or after 6 April 2027, most unused pension funds and death benefits also come within the estate, and the personal representatives become responsible for reporting and paying that tax.

## Paying out too soon

Early distribution can cost more than delay. Section 27 of the Trustee Act 1925 allows personal representatives to advertise for claims, giving a period "not being less than two months", and section 27(2) then permits distribution "having regard only to the claims" of which they had notice. Distributing without that protection can leave the executor personally exposed to a late creditor, and if that creditor is threatening bankruptcy, the timetable in our guide to [understanding and responding to statutory demands](https://windinguppetitionsolicitors.co.uk/understanding-and-responding-to-statutory-demands/) applies alongside any claim against the firm.

The Inheritance (Provision for Family and Dependants) Act 1975 sets a similar trap. Section 4 allows a period of "six months from the date on which representation with respect to the estate of the deceased is first taken out", and section 20(1) protects a personal representative who distributes after that period has ended. Solicitors' errors can also cut the other way: in Colbourne v Cooke & Ors (Re Estate of Barbara Collier-White) [2022] EWHC 3029 (Ch) (see our note on an [inheritance claim allowed to proceed despite a solicitor's error](https://professionalnegligenceclaimsolicitors.co.uk/inheritance-claim-approved-by-court-regardless-of-solicitors-error/)), the High Court let a claimant proceed after the deadline because the delay was her solicitors' mistake.

## Overcharging is a separate complaint

Fees that consume far more than the estimate are a costs dispute, and the Solicitors Act 1974 gives a beneficiary its own route. Where an executor or administrator has become liable to pay a solicitor's bill, section 71(3) lets the court order assessment "on the application of any person interested in any property out of which the trustee, executor or administrator has paid, or is entitled to pay, the bill". Our page on [legal cost disputes and detailed assessments](https://lexlaw.co.uk/practice-areas/solicitors-act-1974-client-legal-costs-detailed-assessments-scco/) explains how assessment works.

## Probate claim, Inheritance Act claim or negligence claim?

Searches for "probate claim" mix up disputes the court treats as separate. A probate claim attacks the will itself, for instance where two wills compete or the testator lacked capacity, and it is fought between the family and the executors; our article on [probate disputes where there is a contest over wills](https://lexlaw.co.uk/solicitors-london/probate-disputes-where-there-is-a-contest-over-wills/) covers that ground. An Inheritance Act claim asks the court for reasonable financial provision out of the estate and runs against the estate.

A negligence claim is different again: it is brought against the professional whose work caused the loss, and it usually follows once the shape of the estate is settled. A disagreement with HMRC over what the estate owes is a tax dispute, which our [guidance on inheritance tax disputes](https://taxdisputes.co.uk/2020/07/hmrc-investigations-inheritance-tax-disputes-iht-disclosure-advise/) deals with, even where the root cause was the solicitor's work. Each has its own defendant and its own clock.

## The deadlines that govern your claim

For the executor's claim against the firm, section 5 of the Limitation Act 1980 bars a claim in contract "after the expiration of six years from the date on which the cause of action accrued", and section 2 applies the same six years to the claim in tort. Where the estate did not know the relevant facts, section 14A(4)(b) can give "three years from the starting date", the date of the necessary knowledge, if that is later, but section 14B(1) imposes an overriding limit of "fifteen years" from the negligent act or omission. Our guide to the [limitation period for a professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/what-is-the-limitation-period-for-a-professional-negligence-claim/) and our analysis of [section 14A and the knowledge test](https://professionalnegligenceclaimsolicitors.co.uk/limitation-periods-in-professional-negligence-section-14a-and-recent-developments-in-the-uk/) explain when time starts.

A beneficiary's claim against the executor is different. Section 38(1) gives "trust" and "trustee" their Trustee Act 1925 meaning, which extends to a personal representative, so section 21(3) generally gives six years for an action "in respect of any breach of trust", while section 22(a) allows twelve years for a claim to a share in the personal estate of a deceased person. Section 21(1) removes the limit altogether for a "fraudulent breach of trust" or to recover estate property a trustee has converted to their own use, and section 32(1)(b) postpones time where a relevant fact has been "deliberately concealed". Our [guide to limitation periods in litigation](https://lexlaw.co.uk/limitation-periods-time-limits-bar-statute-expired-start-claim-litigation-legal-advice/) sets out the wider framework.

## How LEXLAW Can Help

We advise executors, administrators and beneficiaries on claims against probate solicitors and against professional executors, including whether a claim belongs to the estate or to an individual and how to present it to the firm's insurers under the pre-action protocol. We also give a [second opinion on a professional negligence case](https://professionalnegligenceclaimsolicitors.co.uk/second-opinion-legal-fixed-fee-new-representation-litigation-advice/) that is already under way. We do not offer free legal advice or legal aid, and we generally take on substantial matters where the loss justifies litigation.

We are dual qualified solicitors and barristers with chambers in Middle Temple, next to the Royal Courts of Justice. We offer a fixed fee advice conference with both a solicitor and a barrister, at which we review the estate papers, the correspondence with the firm and the limitation position. To start, complete our [professional negligence case assessment form](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/).

### Want legal advice on the merits of your case?
Your legal enquiry goes immediately to our PN litigation team in Middle Temple, London. We can't take on low value cases or give free legal advice - our minimum fee is £1750 +VAT for a conference with a solicitor and barrister. Call us on +442071830529.

[Check My Case Now ✔](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/)

### FAQs

Can a beneficiary sue the solicitor who administered an estate?
Usually not directly, because the solicitor's client is the executor or administrator. The recognised exception for disappointed beneficiaries applies to will preparation rather than to the administration of the estate after death. A beneficiary normally presses the executor to claim and, if that fails, can ask the High Court under section 50(1) of the Administration of Justice Act 1985 to appoint a substitute personal representative.

Is a probate solicitor negligent if the estate is not finished within a year?
Not automatically. Section 44 of the Administration of Estates Act 1925 says a personal representative is not bound to distribute before one year from the death, but it sets no deadline for completion. Later delay becomes actionable when it falls below the standard of a competent practitioner and causes a measurable loss, such as HMRC interest.

Who pays HMRC interest caused by a late inheritance tax account?
HMRC charges the interest to the estate, because section 200(1)(a) of the Inheritance Tax Act 1984 makes the personal representatives liable and section 233(1)(b) charges interest on tax unpaid after the six month period. If the delay was the solicitor's fault, the executor can seek to recover that interest from the firm as damages.

How long does an executor have to sue a negligent probate solicitor?
Generally six years from the breach, under section 5 of the Limitation Act 1980 in contract and section 2 in tort. Where the facts were not known, section 14A can extend this to three years from the date of the necessary knowledge, subject to the fifteen year longstop in section 14B(1).

What can a beneficiary do if the executor refuses to act?
The court can require an account of the administration under section 25(b) of the Administration of Estates Act 1925. If the executor will not pursue the estate's claim against its solicitor, a beneficiary can apply under section 50(1) of the Administration of Justice Act 1985 for a substituted personal representative. A beneficiary may also have a claim against the executor for breach of duty, generally subject to the six year limit in section 21(3) of the Limitation Act 1980.

Can an executor be personally liable because of the solicitor's mistake?
Yes. An executor who distributes too early or pays the wrong person can face personal liability to a beneficiary or creditor. Section 61 of the Trustee Act 1925 allows the court to relieve a personal representative who acted honestly and reasonably and ought fairly to be excused, and any loss the executor bears because of negligent advice can form part of a claim against the firm.

Can beneficiaries challenge the solicitor's fees charged to the estate?
Yes. Section 71(3) of the Solicitors Act 1974 allows any person interested in the property out of which an executor or administrator has paid, or is entitled to pay, a solicitor's bill to apply for the bill to be assessed. The court can then order payments between the applicant, the solicitor and the executor as it thinks fit.