White v Jones [1995] 2 AC 207

Written By Nicolas Heyes

House of Lords

Basic Facts: A testator (X) asked his solicitor (D) to amend his will to benefit his daughters. The solicitor failed to do so before X's death, resulting in a dispute over the inheritance.

Issue: Can a beneficiary claim for negligence against a solicitor who failed to execute a will properly?

Held: found 3-2 for the claimants, determining that Mr Jones’s negligent behaviour provided grounds for a claim by others, even where no prior contractual or fiduciary relationship existed.

  • Lord Keith (dissenting):

    • Beneficiaries cannot claim damages directly from the solicitor for negligence in will preparation as they are not parties to the contract.

  • Lord Goff:

    • Extending the Hedley Byrne principle, solicitors’ duty to clients should reasonably extend to beneficiaries who might be affected by negligence.

Nicolas Heyes
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