The High Court unanimously allowed an appeal from the decision of the Full Court of Tasmania. In allowing the appeal, it was held that there is no duty of care, owed by a solicitor when drafting a will, to a beneficiary for failing to advise about a potential claim under the Testatator’s Family Maintenance Act 1912 (Tas) (the TFM Act).
The solicitor was engaged to draft a will for a client for the sum of $440. The client instructed the solicitor to draft a will to leave all of his estate to the son of his defacto partner. Unbeknownst to the solicitor, the client had a daughter from a prior marriage and after the client died, the daughter made a successful claim under the TFM Act against the estate. This claim greatly reduced the value of the estate.
Initially, the Full Court of Tasmania found that a duty of care was owed to the beneficiary under the will that was co-extensive with the duty owed to the client but this was overturned by the High Court.
Click here to access the judgment - http://www.hcourt.gov.au/assets/publications/judgment-summaries/2016/hca-18-2016-05-11.rtf
