Articles

Badenach v Calvert – The High Court clarifies solicitors’ duty of care to an intended beneficiary under a will

This article considers the decision of the High Court on 11 May 2016 in Badenach v Calvert [2016] HCA 18, where the High Court clarified the limits of a solicitor’s duty of care to an intended beneficiary under a will (a duty recognised by the Court’s earlier decision in Hill v Van Erp (1997) 188 CLR 159).

The High Court’s decision overturns a decision of the Tasmanian Court of Appeal, to find that in the circumstances of that case, a solicitor did not owe a duty of care to a beneficiary under a will to advise the testator of the options available to him to avoid exposing his estate to a claim under family provision legislation.

Significant cases, legislation or articles referred to:

Download PDF of Article