header-logo header-logo

Good will hunting

23 September 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7715 / Categories: Features , Wills & Probate
printer mail-detail
nlj_7715_fudakowska

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll