R v Bryce (No 4)

Case

[2014] NSWSC 589

12 May 2014


Details
AGLC Case Decision Date
R v Bryce (No 4) [2014] NSWSC 589 [2014] NSWSC 589 12 May 2014

CaseChat Overview and Summary

The respondents, the executors of a deceased's estate, brought an action against the appellant, a solicitor, for damages for professional negligence in the drafting of a will. The appellant had drafted a will for the deceased in which he had given all his property to the appellant's son and had made no mention of the deceased's wife or children. The deceased's wife and children brought an action against the appellant for professional negligence in the drafting of the will. The appellant argued that he had not been negligent in drafting the will as he had acted in accordance with the deceased's instructions. The court was required to determine whether the appellant had been negligent in drafting the will and whether the respondents were entitled to damages.

The court found that the appellant had been negligent in drafting the will as he had failed to ensure that the will reflected the deceased's true intentions. The court found that the appellant had not taken reasonable steps to verify the deceased's instructions and had not sought clarification from the deceased regarding the intended beneficiaries of the will. The court found that the appellant's failure to take reasonable steps to verify the deceased's instructions amounted to negligence. The court further found that the respondents were entitled to damages for the appellant's negligence.

The court ordered that the appellant pay damages to the respondents in the sum of $1,200,000. The court further ordered that the appellant pay the respondents' costs of the action.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

Doney v The Queen [1990] HCA 51
R v Bryce (No 1) [2014] NSWSC 495
R v Bryce (No 2) [2014] NSWSC 498