The solicitors had failed to advise the testator to issue a notice of severance of a joint tenancy, with the result that the house passed outside the will.
Held: The plaintiff did have a remedy. ‘The duty owed by the solicitors to the testator is a duty to take care that effect his given to his testamentary intentions . . The duty owed by the solicitors to the specific legatees is not a duty to take care to ensure that the specific legatee receives his legacy. It, also, is a duty to take care to ensure that effect is given to the testator’s testamentary intentions. The loss from which the specific legatee is to be saved harmless is the loss from which he will suffer if the effect is not given to the testator’s testamentary intentions.’
References: [1998] EWCA Civ 1325, [1999] Ch 326, [1998] 4 All ER 225
Links: Bailii
Judges: Chadwick LJ
Jurisdiction: England and Wales
This case is cited by:
- Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004 ([2004] EWHC 151 (Ch), , Times 27-Feb-04, Gazette 04-Mar-04)
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client.
Held: The solicitors were under a duty to ensure that the will would . . - Cited – Worby, Worby and Worby v Rosser CA 28-May-1999 (Times 09-Jun-99, Gazette 16-Jun-99, , [1999] EWCA Civ 1520, [2000] PNLR 140)
Three potential beneficiaries sought payment from a solicitor of the costs of resisting the grant of probate to a will, saying that he had owed them a duty of care to ensure that the testator did not execute a later will in circumstances in which he . . - Distinguished – Walker v Geo H Medlicott and Son (a Firm) CA 19-Nov-1998 (Times 25-Nov-98, , [1998] EWCA Civ 1806, [1999] 1 All ER, [1999] 1 WLR 727, [1999] PNLR 531)
The claimant said that the defendant solicitor had negligently failed to include in the will a specific devise of property in his favour.
Held: A beneficiary who alleged negligent failure of a will draftsman to include a gift to him in a will . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.144804
