Young v Hansen CA240/02

In this appeal, the issue was whether a solicitor, who was also an executor and trustee of a deceased estate, was acting in his capacity as a solicitor when he allegedly breached his duty by failing to sell certain shares in a timely manner, resulting in a loss to the estate. The Court of Appeal found that the evidence did not support the finding of the High Court that the solicitor had undertaken to manage and administer the estate in his capacity as a solicitor. Instead, the Court of Appeal found that the solicitor's role was limited to providing legal advice and assistance to the executors and trustees in their management and administration of the estate. As a result, the appeal was allowed, and the judgment entered in favour of the respondent was set aside. The Court of Appeal entered judgment in favour of the appellants, ordering them to recover their costs from the respondent both in the Court of Appeal and the High Court.