ABSTRACT

Solicitors prepared a will for a client and sent it to him for it to be signed and witnessed. They failed to warn him that the will should not be witnessed by the spouse of any beneficiary. One of the witnesses was the husband of a beneficiary. As a result she was not able to inherit under the will. She sued the solicitors for the loss suffered. The solicitors claimed that they

only had a duty of care to the testator. The judge held that they owed a duty of care to the beneficiary.