The concurring decision of Berger J.A. in Graham v. Bonnycastle acknowledges that there may be other situations where a solicitor could owe a duty of care to a beneficiary, at para. 59 of that decision: The duty of a wills solicitor is to protect the testator from making devises of his estate other than those which he actually intends. In fulfilling her duties to her client, the solicitor will only owe a duty to a former beneficiary where the solicitor has negligently excluded that beneficiary from his rightful bequest contrary to the testator's "true" intentions. By "true" intentions I am referring to the intentions of the testator at the moment he or she possessed the requisite testamentary capacity. When such a duty is imposed, it is difficult to imagine a situation where the duty owed to the testator's best interests is at odds with the duty owed to a former beneficiary who is rightfully owed a testamentary gift. The duties are one and the same, for it is in the testator's best interests that all of his "true" testamentary wishes be carried out after his passing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.