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#law #negligence #pel #tort
In White v Jones [1995] 2 AC 207, the House of Lords, following on from the decision in Ross v Caunters, held that solicitors drawing up a will owe a duty of care to the testator’s beneficiaries who should be allowed to sue the solicitor for the loss of an intended legacy. As such, third parties were given a right of action. Lord Goff stated:

In my opinion, therefore, your Lordship’s House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principle by holding that the assumption of responsibility by the solicitor towards his client should be held in law to extend to the intended beneficiary who (as the solicitor can reasonably foresee) may as a result of the solicitor’s negligence, be deprived of his intended legacy in circumstances in which neither the testator nor his estate will have a remedy against the solicitor.

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