SUMMERVILLE and ORS v WALSH [1998] NSWCA 222

SUMMERVILLE and ORS v WALSH [1998] NSWCA 222

A solicitor in general practice attending to make a will under s7 owed a duty to be familiar with its requirements; on evidence, there was time for the deceased to give direction for execution; solicitor's failure constituted breach of duty owed to the intended beneficiary.

Parties
Appellant: Summerville; Respondent: Walsh
Jurisdiction
Australia
Judgment Date
26 February 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Execution of Wills, Duty of Care, Intended Beneficiary, Solicitor Negligence, Alternative Execution Procedure
Wills Probate Administration Negligence Execution of Wills Duty of Care Intended Beneficiary Solicitor Negligence +1 more

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Parties

Summerville

Appellant

Walsh

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 whether a solicitor owes a duty of care to an intended beneficiary to ensure alternative procedure for execution of will is adopted under s7 of the Wills Probate and Administration Act 1898
  2. 2 whether on the facts, necessary procedure could have been followed given the deceased's consciousness

Ratio Decidendi

A solicitor in general practice attending to make a will under s7 owed a duty to be familiar with its requirements; on evidence, there was time for the deceased to give direction for execution; solicitor's failure constituted breach of duty owed to the intended beneficiary.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay costs