Duty of Care to Beneficiary in UK Law

Leading Cases
  • Ross v Caunters
    • Chancery Division
    • 1979
    ... ... Solicitor - Negligence - Beneficiary under will - Solicitors' negligence in ... to beneficiary - Whether solicitors owing duty of care to beneficiary ... Solicitors who ... ...
  • Carr-Glyn v Frearsons (A Firm)
    • Court of Appeal (Civil Division)
    • 29 Julio 1998
    ... ... The appellant's expectation as a beneficiary under the 1989 will was disappointed ... in respect of their alleged breach of duty. The action was tried before Mr Justice Lloyd ... , where a solicitor's breach of his duty of care to a testator in preparing her will resulted in a ... ...
  • White and Another v Jones and Another
    • House of Lords
    • 16 Febrero 1995
    ... ... 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 ... ...
  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 Mayo 1970
    ... ... Office or these Borstal officers owed any duty of care to the Respondents capable of giving rise ... 339 ) "as the vicarious beneficiary of a breach of duty to another" ... 39 The ... ...
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Legislation
  • Trustee Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ... ... 2010/917), arts. 1(3), 16 ... Part I: The Duty of Care ... 1: The duty of care ... (C1C21) ... an investment,(b) for occupation by a beneficiary, or(c) for any other reason ... (2) “Freehold ... ...
  • Trusts of Land and Appointment of Trustees Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... is instead a trust of the land (without a duty to sell) ... (2) Section 1 of the M3Settled ... (F39) The duty of care under section 1 of the Trustee Act 2000 applies ... by power of attorney, delegate to any beneficiary or beneficiaries of full age and beneficially ... ...
  • Family Law Reform Act 1969
    • UK Non-devolved
    • 1 de Enero de 1969
    ... ... section,.(F27a) if the person who has the care and control of him consents; or(b) where that ... powers during minority of beneficiary ... (6) The principal section shall not affect ... ...
  • Finance Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... in the United Kingdom;(d) disapply a duty on a person to deduct a sum representing income ... (disposals by disabled persons or persons in care homes etc) , and ... (3) After section 225D ... believe that at least one potential beneficiary of any winnings from the bet is a UK person, ... ...
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Books & Journal Articles
  • Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again
    • No. 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
    • No. 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?
    • No. 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 ... company, solicitor and client; and, in trusts law, trustee and beneficiary.1A frequently cited, and therefore reliable, definition is delivered by ... ...
  • Dealing with the Home and Land
    • Contents
    • Wills A Practical Guide - 2nd Edition
    • Lesley King/Peter Gausden
    • 153-166
    ... ... in negligence to the disappointed beneficiary in the will. According to Carr-Glynn v Frearsons ... an elderly testator moves into residential care and sells his home. It is possible to give the ... Additionally, they are under a duty to consult with beneficiaries in some ... ...
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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 ... ...
  • Breach Of Trust And The Defences Available
    • Mondaq UK
    ... ... Distributes trust assets to a beneficiary who is not ... entitled to them under the terms ... Breaches a fiduciary duty such as the duty not to ... profit from the ... Breaches the common law or statutory duty of care, for example ... by exercising a power of ... ...
  • 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 ... ...
  • Collateral Warranties In Construction Contracts ' The Basics
    • Mondaq UK
    ... ... the works warrants to a third party beneficiary that it has ... fulfilled its obligations under ... duty of care before its claim was even considered ... ...
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