What is the solicitor’s duty to the beneficiary?
Newfoundland and Labrador, Canada
The following excerpt is from Anstey v. Anstey, 2018 NLSC 40 (CanLII):
I agree with counsel for the Third Defendant that a solicitor’s principal duty is to his/her client and it is only where the interests of the client and a beneficiary are the same that a duty of care would arise between the beneficiary and the solicitor (Graham v. Bonnycastle, 2004 ABCA 270, leave to appeal refused [2004] S.C.C.A. No. 489, at paragraph 26).
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