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In the recent case of Worby and Others &#45v- Rosser the beneficiaries of an old will were unsuccessful in bringing a claim to recover the costs of probate proceedings against the solicitor who had drafted both the old and new wills. The beneficiaries alleged that the solicitor owed them a duty of care to ensure that the testator (the late Albert Worby) did not execute a new will when he lacked testamentary capacity and was subject to undue influence.

The executors of the old will had successfully contested the new will and so the grant of probate was given to the executors of the old will and not to the executors of the new will.

If the beneficiaries had persuaded the estate to bring proceedings against the solicitor the estate would have been successful. It is not the business of the courts to extend a remedy where it was not needed. Therefore a solicitor did not owe a duty of care to beneficiaries of the old will. Consequently a solicitor&#39s duty of care is limited to the testator (and on his death the executors of his estate would step into the deceased&#39s shoes) and to beneficiaries of the new will.


Sainsbury to trial stakeholder pension forecasts

Supermarket giant Sainsbury has agreed to become the first guinea pig to test the Government&#39s proposed plans for annual pension forecasts.The annual personalised pension forecast will provide employees with details of both their state and private pension provision.To overcome fears that the proposals could contravene the Data Protection Act, the retailer is sending consent forms […]

Royal & SunAlliance launches Oeic

Royal & SunAlliance is launching an Oeic following the conversion of six of its unit trusts into five funds.The equity trust and the Royal Life equity growth trust have been converted to the equity fund, the equity income trust becomes the equity income fund, the FTSE Allshare tracker trust becomes the FTSE Allshare tracker fund, […]

Henderson creates new retail role

Henderson Investors is creating a new director level role in a bid to boost its presence in the retail market.The position of director, retail & multi manager funds will be filled by John Husselbee.Henderson managing director Mark Lund says: &#34As one of the largest managers of collective investment funds we recognise the growing opportunities in […]

Pressure to remove FSA right to immunity

Conservative MPs and prominent City figures have stepped up pressure on the Government to scrap plans giving the FSA immunity from prosecution reports the Financial Times.The chief executive of the Futures and Options Association Anthony Bellchambers said the move would deprive firms on the receiving end of FSA negligence no comebacks.Tory MP Andrew Tyrie has […]


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