A solicitor was not liable in negligence, where his mistake might be yet be rectified; this was an inter vivos transaction and the parties could still resolve the position. Though a solicitor had a duty to the beneficiary of a settlement, the settlor could still perfect the deed.
Judges:
Judge Moseley QC
Citations:
Gazette 08-Dec-1993, Times 30-Jun-1993, [1993] 4 All ER 826
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, Legal Professions
Updated: 05 August 2022; Ref: scu.81313