Last week the Tasmanian Full Court handed down a decision which clarifies a solicitor’s duty to intended beneficiaries when taking instructions for a will.

It was held the solicitor’s duty to give proper effect to the testator’s intentions extends to enquiries and advice about the possibility and ramifications of FPA claims, and further includes provision of advice about possible steps could be considered to avoid that impact.

The case is important because the issue had not been decided before, and never considered at appellate level.

An application for special leave was filed on 20 August 2015. 

Read the case here.