Why Relying on Family Testimony in Probate Can Put Solicitors at Risk

When managing probate cases, solicitors often receive family information directly from clients or relatives of the deceased. While this testimony can offer a helpful starting point, relying on it without thorough verification can expose legal professionals to significant risk.

Incomplete or inaccurate heir information, especially under intestacy, can lead to improper estate distribution, disputes among beneficiaries, and potential claims of professional negligence. These claims can trigger professional indemnity insurance notifications and potentially impact future premiums. Without thorough due diligence, even well-intentioned decisions may result in costly legal and financial consequences.

This article explores the risks involved and the importance of verifying heirship to ensure accuracy and legal protection for all parties.

Why client-provided testimonies are often incomplete

Understandably, client-provided testimonies are a common starting point in probate cases, offering initial insight into the family structure and potential heirs. However, they are often based on personal memory, anecdotal knowledge, or long-held assumptions, rather than verified facts.

This can lead to significant gaps or inaccuracies, particularly in cases involving extended families, estranged relatives, or previous generations who may have emigrated or lost contact over time.

In some cases, individuals may be unintentionally omitted due to confusion over family relationships, adoption, or changes in surname through marriage. Others may be left out deliberately, whether due to strained relationships or assumptions about eligibility.

These limitations can have serious implications if probate is completed on the basis of incomplete testimony.

Without comprehensive genealogical research, the risk of excluding rightful beneficiaries increases, potentially leading to legal disputes, claims against the estate, or professional liability for solicitors and executors.

Ensuring that all relevant family lines are thoroughly investigated can help fulfil your legal obligations, protecting both the estate and those responsible for its administration.

The risks of relying on family testimony in probate

Incorrect distribution of the estate

Relying exclusively on family testimony can result in an estate being distributed to the wrong individuals.

In many cases, clients may provide an incomplete picture of the family structure, unintentionally omitting entitled beneficiaries such as half-relatives, descendants from previous relationships, or relatives who have emigrated or lost contact. Under intestacy, these individuals may still hold a legal claim.

Distributing the estate based on inaccurate information can result in financial loss for the rightful heirs and create grounds for formal claims against the estate, potentially requiring probate to be reopened and distributions to be reversed. Reopening probate can be a costly and lengthy legal process, so it is essential to conduct thorough due diligence from the start of the case to avoid this.

Legal challenges and disputes

If omitted beneficiaries come forward further down the line, legal disputes can follow. These challenges can significantly delay the administration of the estate and may require court intervention to resolve contested claims.

Along with financial implications, disputes of this nature often cause lasting damage to family relationships and can undermine confidence in the solicitor or firm managing the case.

Proactively identifying all beneficiaries through professional research reduces the likelihood of contested estates and helps to make the probate process as smooth as possible.

Professional and financial liability

Executors and their legal representatives have a duty to ensure accurate distribution. If omissions occur due to reliance on unverified family accounts, solicitors may face negligence claims, financial penalties, or reputational damage.

Courts may find a failure in the duty of care if basic verification steps were overlooked. Solicitors may also need to notify their professional indemnity insurers if such claims arise, which could affect future premiums.

Engaging a professional probate genealogist not only mitigates these risks but also demonstrates a commitment to ethical practice and thorough due diligence.

Best practices for verifying beneficiaries

Verifying beneficiaries requires a methodical and evidence-based approach to ensure all entitled individuals are accurately identified.

Best practice begins with reviewing any family information provided by the client, but should not end there.

Solicitors should take a thorough approach to confirm relationships, including reviewing the Will, family tree analysis for intestacy and gathering birth/marriage/death certificates to confirm relationships.

Maintaining detailed documentation throughout the process is essential for audit purposes. By following these steps, legal professionals can demonstrate due diligence and reduce the risk of future disputes.

How genealogical due diligence reduces liability

Genealogical due diligence can help reduce liability during probate by providing an independently verified account of the deceased’s family structure.

Through systematic research and cross-referencing of historical records, probate genealogists identify all legally entitled beneficiaries, including those omitted or unknown to the family.

This verification process ensures compliance with intestacy rules and significantly reduces the risk of misdistribution, legal disputes, or claims of professional negligence.

Once research is complete, solicitors can take an additional step to protect against residual risk by arranging Missing Beneficiary Insurance. Through Finders International’s relationship with Aviva, insurance cover is available to safeguard estates and practitioners against future claims if a previously unknown heir later emerges.

For solicitors and executors, commissioning a due diligence report demonstrates a clear commitment to best practice, helping to safeguard both the estate and those responsible for its administration from future liability.

Learn how our specialist Private Client services support solicitors through robust due diligence, risk mitigation and effective resolution of complex estate matters.