How to complain about probate delay, communication, costs or conduct using the firm, Legal Ombudsman, SRA, bill-assessment and negligence routes.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 13 min.
Also searched as: probate solicitor complaints; solicitor complaints.
Frequently asked questions
How long do I have to complain to the Legal Ombudsman?
A complaint must generally reach the Legal Ombudsman within one year of the act or omission, or within one year of when you should reasonably have known about it, and within six months of the service provider's final response. The Ombudsman has limited discretion, so act early rather than relying on an exception.
Must I complain to the firm first?
Yes. Give the service provider the opportunity to use its complaints process. You can approach the Legal Ombudsman after a final response you do not accept or after eight weeks without a final response.
Can a beneficiary complain about probate services?
Yes. Legal Ombudsman Scheme Rules can cover beneficiaries complaining about services provided to an estate or trust, and personal representatives and beneficiaries can also have standing for services provided to someone who has died. Eligibility and the issues the Ombudsman can investigate still depend on the facts.
What can the Legal Ombudsman require?
Its remedies can include an apology, specified action, work being completed or corrected, a fee reduction or refund and compensation, subject to its Scheme Rules and remedy limit. It does not discipline or strike off solicitors.
What is the difference between the Legal Ombudsman and the SRA?
The Legal Ombudsman deals with service and redress, including delay, communication and cost complaints. The SRA considers serious or repeated breaches of professional rules, such as dishonesty or misuse of client money. The SRA does not award compensation for poor service.
Does poor service prove professional negligence?
No. A negligence claim requires a duty, breach, causation and recoverable loss. Limitation can involve six years from accrual, an alternative three-year knowledge period for latent damage and a 15-year longstop, with important qualifications. Obtain specialist advice promptly.