Application to join solicitors to solemn form proceeding dismissed with costs

Last Friday the Qld Supreme Court dismissed an application to join de Groots (as well as the individual solicitor) as defendants to a solemn form proceeding.

The proceedings involve a disputed will – the testator’s capacity is in issue.

The plaintiffs are the disappointed beneficiaries under the penultimate will.

The application was opposed on a number of grounds, but of importance to succession lawyers, it was submitted:

(a)   that the law does not recognise a duty owed by a solicitor to beneficiaries not to make a will when instructed to do so by a testator of doubtful capacity; and

(b)   to the contrary, a solicitor’s obligation is to make the will and leave it to the Court to determine its validity.

The unsuccessful applicant was ordered to pay costs of the application.