How to complain about a probate solicitor
TL;DR: If you’re unhappy with your probate solicitor, first try resolving it directly with them. If that fails, contact the Solicitors Regulation Authority (SRA) or your local Law Society. You can also ask for a bill assessment or claim professional negligence. Always keep records of all communication.
Introduction
Dealing with probate is stressful enough without worrying about your solicitor’s service. Whether they’ve missed deadlines, overcharged you, or provided poor advice, you have the right to complain. A probate solicitor handles one of life’s most important legal matters. Getting it wrong can cost you thousands of pounds and months of unnecessary delays. This guide walks you through every step of complaining about a probate solicitor in the UK. We’ll show you how to get the issue resolved fairly and quickly.
What’s the first step in complaining about your probate solicitor?
Start by speaking directly with your solicitor about the problem. Write a clear, calm letter outlining exactly what went wrong. Keep it factual and specific with dates and details. Most issues get resolved at this stage.
If they don’t respond within ten days, request a formal written response. Ask them to explain their actions or offer compensation. Give them a reasonable deadline, usually 28 days. Document everything you send and receive. This creates a paper trail that’s invaluable later if you need to escalate the complaint.
How do you lodge a formal complaint with the SRA?
The Solicitors Regulation Authority (SRA) handles complaints against solicitors in England and Wales. You can complain online at the SRA website, by post, or by phone. They don’t charge you anything for this service.
Your complaint should include your name, contact details, and the solicitor’s details. Explain what happened, when it happened, and how it’s affected you. Attach copies of all relevant documents and correspondence. The SRA will investigate your complaint and decide whether the solicitor breached their standards. They can fine the solicitor, ask them to put things right, or take action against their licence to practise.
Can you request a bill assessment if costs are the problem?
Yes, absolutely. If you think your solicitor’s bill is too high, request a bill assessment from the court. This is a formal legal process where an independent assessor reviews the charges. You can do this within three months of receiving the bill.
Write to the court requesting an assessment. Include your bill and the solicitor’s details. There’s a court fee of around £100 to £150. The assessor will examine whether the costs are fair and reasonable for the work done. They might reduce the bill, approve it as is, or occasionally increase it. Either side can object to the assessment result.
What should you do if the solicitor was negligent?
If the solicitor’s mistakes have caused you financial loss, you might have a professional negligence claim. You’ll need to prove three things. First, the solicitor had a duty of care toward you. Second, they breached that duty by not meeting proper professional standards. Third, their breach caused you measurable financial loss.
Contact a different solicitor who specialises in professional negligence claims. They’ll assess whether you’ve got a strong case. Many offer free initial consultations. You may need to pay their fees upfront, though some work on a no win, no fee basis. Claims can take months or years to resolve, but successful cases often recover substantial compensation.
Who regulates solicitors in Scotland and Northern Ireland?
In Scotland, the Law Society of Scotland handles complaints. In Northern Ireland, it’s the Law Society of Northern Ireland. Their processes are similar to the SRA but have different procedures and timelines. Contact your local body directly if your solicitor operates in these regions.
Conclusion
Complaining about a probate solicitor doesn’t need to be complicated. Start with direct communication and escalate if necessary through the SRA or your local Law Society. Whether it’s poor service, overcharging, or negligence, you have clear options available. Keep detailed records throughout the process. Don’t accept substandard service during such an important matter. Find a probate solicitor near you by searching our free UK directory. Read reviews and check their complaints history before hiring anyone new.
FAQ
Q: How long does an SRA complaint investigation take?
A: Most investigations take between three to six months, though complex cases can take longer. The SRA will update you throughout the process.
Q: Will complaining affect my probate case?
A: No. You can complain about your solicitor whilst they’re still handling your case, though you might want to consider changing solicitors first.
Q: What compensation can you claim?
A: Compensation depends on your circumstances. Common awards cover wasted costs, unnecessary delays, and financial losses caused by negligence.
Q: Can you complain after years have passed?
A: You have six years from when you discovered the problem, though earlier complaints are stronger. Don’t delay unnecessarily.
Q: Do you need a lawyer to complain about your solicitor?
A: No. You can make complaints directly to the SRA or Law Society yourself without legal representation.