What is the current state of the law on the duty of care of care to prospective beneficiaries of a deceased testator's estate?
Alberta, Canada
The following excerpt is from Graham v. Bonnycastle, 2004 ABCA 270 (CanLII):
These decisions do not support any extension of the duty of care beyond a duty to those beneficiaries who were intended to benefit from the bequest which failed as a result of the solicitor’s negligence. As stated by Lord Goff in White v. Jones at pp. 702-3, the rationale for the extension of responsibility to prospective beneficiaries was to fill a gap in the law. The duty is only extended where no other remedy exists and there is no public interest reason for not extending the duty as the interests of the intended beneficiary coincide with that of the testator client.
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