Statute of Limitations

[Ravima]

What is the time period for bringing a claim for professional negligence?

Accountant drew up will for deceased, but one of the beneficiaries claims that he was promised a specific property and will does not provide for this.

He, through executor or on his own, is considering suing the accountant as he had a reasonable expectation of getting the property and has witnesses to back him.

 

[mathepac]

What is the time period for bringing a claim for professional negligence? ...

I have no idea, but maybe contact the professional organisation in question.

... Accountant drew up will for deceased ...

That's a little unusual, but it I don't believe that renders the will invalid or the accountant negligent.

... but one of the beneficiaries claims that he was promised a specific property and will does not provide for this...

Lots of people claim lots of things but that doesn't mean they always come to benefit from the claims they make.

... He, through executor or on his own, is considering suing the accountant as he had a reasonable expectation of getting the property and has witnesses to back him.

I don't believe he can sue through the executor or sue the executor unless the executor is doing something wrong, but one course of action might be to try to get the will overturned on the grounds of his unsatisfied "reasonable expectation".

BTW if the grant of probate has been extracted, there may be little time left to act and if the executor already has Revenue approval to act in that capacity it may not improve the unhappy beneficiary's position in the eyes of the law.

 

[Ravima]

Thanks

 

[Bronte]

Accountant drew up will for deceased, but one of the beneficiaries claims that he was promised a specific property and will does not provide for this.

He, through executor or on his own, is considering suing the accountant as he had a reasonable expectation of getting the property and has witnesses to back him.

A testator can promise a property to someone in front of other people, this does not necessarily mean he will actually leave it to that person. People do it all the time. People change their will on their deathbed etc.

 

[mf1]

I find this thread fascinating.

A disappointed beneficiary wishes to sue not the estate from which he was excluded but the Accountant ( very unusual choice of professional) who drew up the will.

Perhaps there is more to the query but if the accountant simply carried out the instructions of the Testator and the Testator was of sound mind, on what basis was the accountant negligent?

I know for solicitors, one of our basic issues is to check with a client that they are not excluding anyone who may have expected to benefit without giving some reason ( particularly offspring or spouse) and also being sure to act quickly on the instructions of a sick Testator for fear they would die intestate. Another reason why some of us are very reluctant to call to Nursing Homes in the dead of night to draft wills!

mf