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8 Cards in this Set
- Front
- Back
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White v Jones 1995 |
Established duty of care to testator and beneficiaries Solicitor failed to draft will - 40 days went by - he died Result - daughters lost intended benefit as they were not beneficiaries in previous wills. Judge allowed daughters to claim against draftsman (£80,000) Key area of risk where testator is elderly. |
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Parsons, Borman v Lel |
Court takes a dim view on allowing unqualified or inexperienced ppl to take instructions / draft/ supervise execution in circumstances demanding experience judgement and knowledge. |
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X v Woolcombe Yonge |
Sets out duty of craftsman to identify whether death is imminent and urgency Where T is old and ill- acceptable delays much less Age and state of health must be ascertained If more than a 50% chance of death need to draft and sign within 7 days 7 days acceptable for no imminent chance of death e.g. middle aged cancer patient |
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Carr Glynn v Frearsons 1998 |
Where T is elderly (81) one must act promptly, risk of stroke etc Risk of loss of capacity is the issue |
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Martin v Triggs, Turner Barton 2009 |
Misunderstanding in communication.
T's widow thought she would inherit everything except £100k rather than- only £100k could be advanced.
Draftsman and widow came out of same meeting with different understanding. Power of advance incorrectly drafted.
Judge ruled in favour of widow and found draftsman had breached duty of care. |
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Stirling (Deceased) |
The NO box was ticked by T when asked if will was being made in contemplation of marriage. T was dying, engaged but no date had been set. T did not realise significance of the question. |
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're Willis estate |
Identify the testator in order to prevent impersonation. |
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Gill v Woodall 2011 |
Mr Gill was a bully and Mrs Gill submissive and deferent. Her wishes were unlikely to be reflected. |
