Can a solicitor be held liable to a named beneficiary in a will?
Ontario, Canada
The following excerpt is from Barbulov v. Huston, 2010 ONSC 3088 (CanLII):
Courts have also found a solicitor liable to a named beneficiary in a will in circumstances in which the negligence of the solicitor for the testator resulted in the gift to the beneficiary failing. See, for example, White v. Jones, [1995] 1 All E.R. 691. I do not think that these cases can be said to be analogous. A designated beneficiary is someone with an independent benefit or interest who can reasonably be seen to be harmed if the solicitor is negligent. There is no benefit or interest accorded to an attorney in a power of attorney.
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