Corbett v Bond Pearce (a Firm): CA 8 Aug 1997

The solicitors had added a date to a will executed by the client, as a result of this the will had been open to challenge. Objection was then made to the will on the ground of capacity. An action found negligence, but costs were paid from the estate of over andpound;150,000.
[1997] EWCA Civ 531, [2001] Lloyd’s Rep PN 501, [2001] 3 All ER 769, [2001] PNLR 31, [2001] WTLR 419
Bailii
England and Wales
Citing:
CitedWhite and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
CitedOtter v Church Adams Tatham and Co ChD 1953
The plaintiff was sole administratix of her son’s estate. He had died on active service intestate. She claimd negligence on the part of the solicitors, saying they were in breach of their duty to exercise care and skill as solicitors, having failed . .
See AlsoCorbett v Newey and Others CA 15-Feb-1996
A will, which had been executed but left undated, awaiting for a later condition to be fulfilled, at which time it was to be dated, did not show the necessary testamentary intent, and was not a valid will. A will must have an immediate testamentary . .
See AlsoWilliam Harvey John Corbett v Newey and others CA 30-Mar-1999
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Cited by:
See AlsoCorbett v Newey and Others CA 15-Feb-1996
A will, which had been executed but left undated, awaiting for a later condition to be fulfilled, at which time it was to be dated, did not show the necessary testamentary intent, and was not a valid will. A will must have an immediate testamentary . .
See AlsoWilliam Harvey John Corbett v Newey and others CA 30-Mar-1999
. .

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Updated: 23 April 2021; Ref: scu.142691