Calvert v Badenach

The case of Calvert v Badenach involved a dispute between a deceased's solicitor and the beneficiary of the deceased's estate. The beneficiary, Mrs Calvert, sought damages from Mr Badenach, the solicitor, for his failure to ensure that she received her share of the estate as provided for by the will. The dispute was heard in the Supreme Court of South Australia.

The legal issues before the court were whether the solicitor owed a duty of care to the beneficiary and whether the creation of joint tenancies could have protected the beneficiary's entitlement to the estate. The court needed to determine if the solicitor's failure to create joint tenancies constituted a breach of that duty of care and if so, whether such a breach resulted in damages to the beneficiary.

In reaching its decision, the court found that the solicitor did owe a duty of care to the beneficiary. It was established that the solicitor had the opportunity to protect the beneficiary's entitlement by creating joint tenancies, but failed to do so. The court held that this constituted a breach of the duty of care owed to the beneficiary. Furthermore, the court found that the beneficiary suffered damages as a result of this breach, as she was unable to claim her share of the estate under the Testator's Family Maintenance Act. The court awarded damages to the beneficiary.

The Supreme Court of South Australia ordered that Mr Badenach pay Mrs Calvert the sum of $120,000 in damages for the breach of duty of care.