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23 September 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7715 / Categories: Features , Wills & Probate
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Good will hunting

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Paola Fudakowska & Henrietta Mason analyse solicitors’ duties in estate matters

  • What is the scope of duty of care in estate planning?

To what extent can a professional who is not a solicitor be liable to disappointed beneficiaries of an estate in relation to planning carried out during the deceased’s lifetime? This is the question addressed in Herring and Hartley v Shorts Financial Services LLP [2016] WTLR 1203—it is not quite as simple as it seems.

Duty of care

Prior to 1995 no duty of care was owed by a professional adviser to persons who were not his or her client. White v Jones [1995] 2 AC 207, [1995] 1 All ER 691 marked a radical departure, establishing a duty of care to the beneficiary of a will for negligence in the preparation of a will.

The White v Jones principle has been extended outside the will-making process to estate planning incrementally. While the court in White v Jones stated that the intended beneficiary of a lifetime gift would not be owed

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

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Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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