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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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