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Will

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.


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