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Will drafting and execution: some cases to remember.

There have been a spate of cases on Wills recently which it will repay the busy practitioner to study carefully. Some relate to the negligence of solicitors in preparing the Will and ensuring it is executed properly. Others concern the enforceability of Wills against disappointed beneficiaries. This article is merely a brief summary of a few recent cases.

1 November 1999

Will drafting and execution: some cases to remember.

There have been a spate of cases on Wills recently which it will repay the busy practitioner to study carefully. Some relate to the negligence of solicitors in preparing the Will and ensuring it is executed properly. Others concern the enforceability of Wills against disappointed beneficiaries. This article is merely a brief summary of a few recent cases.

Solicitor's duty of care

The cases of White -v- Jones [1995] and Ross -v- Caunters [1980] established the principle that a disappointed beneficiary can recover damages in negligence for failing to check the execution of a Will or for delay in preparation of a Will. This is an exception to the general rule that the solicitor's sole duty is to his client the deceased. However, how far are the Courts now prepared to go? The case of Carr-Glynn -v- Frearsons [1998] suggests that in relation to Wills this...

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