Duty of Care to Beneficiary in UK Law
White and Another v Jones and Another
....... . 4 The contractual duty which Mr. Jones owed to the testator was to ... such proximity as to give rise to a duty of care. Here there was no relationship between the ... question whether an intended beneficiary under a will is entitled to recover damages from ......
Arbuthnott v Fagan and Feltrim Underwriting Agencies Ltd
...... of underwriting, to exercise reasonable care and skill in relation to such underwriting. . ..., or in tort, or for breach of fiduciary duty. But that is not in fact the case. In the case of ... cannot be challenged by the donor or beneficiary of the power unless ( a ) the exercise of the ......
Pitt and Another v Holt and Another Futter and Another v Futter and Others
...... ask: "Why should a beneficiary be placed in a stronger position than the ...This would lawfully avoid estate duty on her father's death if he lived for a further ... relevant considerations and used all proper care and diligence in obtaining the relevant ......
Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
...... class of cases as those in which it was the duty of one party to advise the other or to manage his ... child, guardian and ward, trustee and beneficiary, solicitor and client, and medical adviser and ... every case the solicitor must consider carefully whether there is any conflict of duty or interest ......
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Books & Journal Articles
Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again
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...
The emergence of solicitors’ tortious liability and the award of damages
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...
- Can mere incompetence constitute a breach of fiduciary duty?
Remedies for Breach of Trust
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...
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Law Firm Commentaries
Solicitors' Duties To Third Parties - A Taxing Issue
...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
......, 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
......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 ......
...... (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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