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Carr-Glynn v Frearsons (a Firm): CA 29 Jul 1998

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:

These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.144804 br>

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