The claimant was potentially interested in a fund as a beneficiary if her sister had exercised a power of appointment in her favour. She claimed that one firm of solicitors, who drafted a Will in 1986 for her sister, were negligent because that Will had the effect of exercising the power in favour of various charities, and that a second firm who drafted a Will in 1994, were similarly negligent in that the Will was in similar terms but with different charities nominated in not spotting and dealing with the point.
Held: For a solicitor who drafts a will to be liable to a disappointed beneficiary who might have taken an interest under the will, where he was unaware of the particular individual, he must be shown at least to have been aware both of the benefit intended to be created, and of the class of beneficiaries to which it would apply. Once a solicitor accepted instructions, it was his responsibility to show that his responsibility did not extend to the aspect of the will under which the claim arises. That burden was discharged in this case.
Judges:
Blackburne J
Citations:
Times 21-Apr-2000, Gazette 11-May-2000, [2000] PNLR 734
Jurisdiction:
England and Wales
Cited by:
Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Wills and Probate, Legal Professions
Updated: 05 May 2022; Ref: scu.80808