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Where there's a will, is there a duty?

Where there's a will, is there a duty?

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Prior to the case of Miss Mary Davidson who died in 1999, the law in Scotland had been that, in the absence of any special facts, a solicitor engaged by a testator in connection with the making of a will could not be said to owe a duty of care to intended beneficiaries. In England, the law had developed so that such a duty might be said to exist.

Following Miss Davidson's death, the judge reviewed the evolution of the law of negligence over the 20th century, so what was the result?

In this episode, legal experts Tony Jones KC and Jamie Reekie discuss;

  • what is a will and what do we mean by duty of care in this context?
  • the history of wills in Scotland, when did they first come to exist?
  • are there any parallels with other cases or is this one unique?
  • the point of contention and why it was significant
  • what point(s) of law changed on the back of these cases?
  • what difference has the case of Miss Davidson made to the law today?

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice.

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