In what circumstances have solicitors been found liable to a prospective beneficiary for a fraudulent will?
Alberta, Canada
The following excerpt is from Haljan v. Mercer, 2004 ABQB 670 (CanLII):
In Ross v. Caunters, [1979] 3 All E.R. 580 a prospective beneficiary successfully sued the solicitors who prepared the testator’s will. The solicitors failed to warn the testator that the will should not be witnessed by the prospective beneficiary’s spouse. The prospective beneficiary’s gift was void because her husband witnessed the will. The solicitors were held liable to the prospective beneficiary for their negligence.
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