Solicitor’s duty clarified – Badenach v Calvert [2016] HCA 18

This eagerly anticipated judgement was handed down this morning by the High Court.  It concerned the scope of a solicitor’s duty to a beneficiary, when preparing a will for a testator. The solicitor drafted the deceased’s will, which left everything to the sole beneficiary.  The estate was not large and was substantially depleted by the … Continue reading Solicitor’s duty clarified – Badenach v Calvert [2016] HCA 18

High Court appeal 

An application for special leave was filed last week against the decision of the Tasmanian Full Court in Calvert v Badenach [2015] TASFC 8. This is the case where the Full Court held that a solicitor owes a duty to beneficiaries of a will to advise the willmaker of the existence of family provision rights … Continue reading High Court appeal 

Solicitor’s duty to beneficiaries expanded

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 … Continue reading Solicitor’s duty to beneficiaries expanded