Carr-Glynn v Frearsons (A Firm) [1998] EWCA Civ 1325 (29 July 1998)

Carr-Glynn v Frearsons (A Firm) [1998] EWCA Civ 1325 (29 July 1998)

Solicitors preparing a will owe a duty of care to an intended beneficiary to take reasonable steps to ensure the testator's intentions are effective, including advising on and effecting severance of joint tenancy where necessary. This duty exists even where the estate has a remedy, provided recovery is structured to...

Source-derived case information.

Citation
[1998] EWCA Civ 1325
Parties
Plaintiff/appellant: Helen Carr-Glynn; Defendant/respondent: Frearsons (a firm)
Jurisdiction
England and Wales
Judgment Date
29 July 1998
Procedural Posture
Appeal From High Court (civil) / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Solicitor's Duty of Care, Disappointed Beneficiary, Testamentary Intention, Joint Tenancy and Severance
Professional Negligence Wills and Probate Solicitor's Duty of Care Disappointed Beneficiary Testamentary Intention Joint Tenancy and Severance

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Summary, issues, holding and outcome

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Parties

Helen Carr-Glynn

Plaintiff/appellant

Frearsons (a firm)

Defendant/respondent

Procedural Posture

Appeal From High Court (civil) / Judgment on Appeal

Legal Issues

  1. 1 Whether solicitors owed a duty of care to an intended beneficiary under a will where the estate itself had a remedy for the loss caused by the solicitors' negligence
  2. 2 Whether the solicitors were negligent in failing to advise the testatrix to sever a joint tenancy to give effect to her testamentary intentions

Ratio Decidendi

Solicitors preparing a will owe a duty of care to an intended beneficiary to take reasonable steps to ensure the testator's intentions are effective, including advising on and effecting severance of joint tenancy where necessary. This duty exists even where the estate has a remedy, provided recovery is structured to avoid double liability. The solicitors in this case breached that duty by failing to advise immediate severance, causing the appellant's loss.

Court Disposition

Appeal allowed

Orders

  • Judgment for damages to be assessed in favour of the appellant
  • Defendant to pay the plaintiff's costs in this court and below