Duty of Care to Beneficiary in UK Law

Leading Cases
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Legislation
  • The Employment and Support Allowance Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ...... “carer’s allowance” means an allowance under section ... of State as a day of sickness absence from duty. . (2) A claimant is to be treated as not having ... payment made to a claimant as a beneficiary on the death of a member of any pension scheme; . ......
  • Family Law Reform Act 1969
    • UK Non-devolved
    • January 01, 1969
    ......court to pay to any other person having the care and. control of the ward,. . . such weekly or ...the principal beneficiary included a reference to any. illegitimate child ... capital gains tax, corporation tax or estate duty.   SCHEDULE 3 . Transitional Provisions and ......
  • Trusts of Land and Appointment of Trustees Act 1996
    • UK Non-devolved
    • January 01, 1996
    ......duty to sell). . (2) Section 1 of the Settled Land ... . . (b) for occupation by any beneficiary, or. . . (c) for any other reason. . (5) In ...exercise reasonable care in . deciding to delegate the function to the ......
  • Finance Act 2004
    • UK Non-devolved
    • January 01, 2004
    ...... Excise duties . Tobacco products duty Tobacco products duty . S-1 . Rates of tobacco ... of the National Health Service and Community Care Act 1990 (c. 19), or(b) constituted under ... must at that time be a disabled beneficiary. . . (5) For the purposes of subsection (4) ......
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Books & Journal Articles
  • Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again
    • Nbr. 65-3, May 2002
    • The Modern Law Review
    A solicitor, when drafting a will, can owe a duty of care in tort to the intended beneficiary of a bequest under that will. The Court of Appeal has recently confirmed that where a solicitor has mis...
    ...... A solicitor, when drafting a will, can owe a duty of care in tort to the intended beneficiary of a ......
  • The emergence of solicitors’ tortious liability and the award of damages
    • Nbr. 10-4, October 2003
    • Journal of Financial Crime
    • 316-330
    Analyses the emergence of tortious liability on solicitors and the damages awarded against them for negligence in preparing wills, ie testamentary disposition, when this causes losses to beneficiar...
    ......®t ofC, the existence of B's contractual duty to A to do anact with proper care negates any ......
  • Can mere incompetence constitute a breach of fiduciary duty?
    • Nbr. V, January 2019
    • Dundee Student Law Review
    • George Beaton
    • Graduated English LLB Student at the University of Dundee. George would like to thank the editorial board and the anonymous peer reviewer for their kind comments.
    • 1-4
    ...... under negligence in tort or the breach of a general duty of care, as is evidenced by the common law. . What are fiduciary duties, and what ... company, solicitor and client; and, in trusts law, trustee and beneficiary.1A frequently cited, and therefore reliable, definition is delivered by ......
  • Remedies for Breach of Trust
    • Nbr. 78-4, July 2015
    • The Modern Law Review
    The decision of the Supreme Court in AIB Group (UK) Plc v Mark Redler & Co confirms the approach taken by Lord Browne‐Wilkinson in Target Holdings Ltd v Redferns: where a trustee misapplies tru...
    ...... losses caused by the trustee’s breach of duty. This seems to be a departure from traditional ...If the trustee had failed to exercise due care and skill leading to the fund’s not being worth ......
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Law Firm Commentaries
  • Solicitors' Duties To Third Parties - A Taxing Issue
    • Mondaq United Kingdom
    ...Does a solicitor owe duties of care to third parties when advising a client? This ... the preparation of a will, causing a beneficiary under that will to suffer loss. There was no ... of Lords held that the solicitor did owe a duty of care to the beneficiary, partly since the ......
  • Indemnity Note For Contractors And Consultants
    • Mondaq UK
    ......, to reimburse the other (a 'beneficiary' (such as the employer)) for loss or damage ... using a particular standard of skill and care, or agrees not to use certain prohibited ... tort, in negligence, for breach of statutory duty or otherwise shall not exceed [£[ ]] in the ......
  • Breach Of Trust And The Defences Available
    • Mondaq UK
    ......Distributes trust assets to a beneficiary who is not. entitled to them under the terms of ...Breaches a fiduciary duty such as the duty not to. profit from the trust. Breaches the common law or statutory duty of care, for example. by exercising a power of investment ......
  • Guarantees
    • Mondaq UK
    ...... (the guarantor) to another party (the beneficiary) to pay the. principal obligor's debts or to ... Act 2005, a company's directors have a duty to act in. the best interests of the company. If ...governing law. Bibliography. Take care before crossing the. Rubicon, Alexander ......
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