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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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