Duty of Care to Beneficiary in UK Law
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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...... ... A solicitor, when drafting a will, can owe a duty of care in tort to the intended beneficiary of a ... ...
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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...... ... ®t ofC, the existence of B's contractual duty to A to do anact with proper care negates any ... ...
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Can mere incompetence constitute a breach of fiduciary duty?
... ... 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 ... ...
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Dealing with the Home and Land
... ... 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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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 trust a...... ... 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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Residuary Gifts Including Residuary Trusts
... ... has spent £250,000, mainly on residential care; ... (c) since he had to sell his house and ... the relative amounts received by each beneficiary in keeping with his wishes despite any ... A trust for sale imposes a duty on the trustees to sell, subject to any power, ... ...
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Categories of Negligence and Duties of Care: Caparo in the House of Lords
... ... proximity between auditors and shareholders to warrant a duty of care with respect to the decision by a shareholder to ... Cuunters20 a solicitor was held liable to a disappointed beneficiary when the solicitor failed properly to instruct the testator in the ... ...
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Armitage v Nurse & Others
The Appellant in this case, referred to throughout the Court of Appeal's judgment as ‘Paula’, was the principal beneficiary under a settlement which contained a trustee exemption clause in the foll...... ... trustees or merely of a want of skill and care on their part in the management of the trust ... to their interests or not." It is the duty of a trustee to manage the trust property and ... ...
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Remoteness Criteria in Equity
... ... contains recovery for breach of statutory duty, 8 public and private nuisance, 9 as well as ... 17 First, the beneficiary may sue on the breach of trust, seeking pecuniary ... breach of the equitable duty of skill and care that custodial fiduciaries may labour under and ... ...
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Concurrent Duties
This paper offers an account of concurrent liability, and in particular the existence of, and interaction between, concurrent contractual and non‐contractual duties. It argues for five essential pr...... ... commits a wrongin breach of more than one duty,the claimant has a prima f acie choice to sue for ... Byrne ), of the possibility of a duty of care arising by the ‘assumption of ... ...
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