It is now well settled that a disappointed beneficiary under a will that has been negligently prepared, or indeed negligently not prepared, has a remedy against the solicitor instructed by the testator. But who, if anyone, can sue if a solicitor’s negligence thwarts the vesting of an intended inter vivos gift?
Martin Spencer J grappled with this question in Lonsdale and ors v Wedlake Bell and ors [2024] EWHC 712 (KB), holding that a direct duty was owed by the solicitors to the intended beneficiaries of a family trust, and allowing claims by the settlor, the trustees and the intended beneficiaries to proceed.
Alice Nash provides an analysis of the case in her case note below.
