Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Professional negligence in will drafting: beneficiary duties, risk reduction, and limitation (England and Wales)

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Practice notes

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This Practice Note explains when a beneficiary may bring a negligence claim against a professional Will drafter and offers guidance on how to lessen the likelihood of such a claim arising. For fuller coverage of professional negligence claims and client care and management, consult Lexis+® UK (subscription required).

Duties owed to beneficiaries by professionals drafting Wills

As a general principle, solicitors owe no duty in tort to third parties who are not their clients, though there are rare situations in which the solicitor will be taken to have assumed a duty of care to someone else. One recognised exception is where a solicitor prepares a Will intended to benefit a particular, identified third party. In White v Jones, the House of Lords held that such a duty did exist. The justification for imposing a duty to beneficiaries was described by Lord Goff along these lines: unless such a duty is acknowledged, the only potential claimants (the testator and the estate) have suffered no loss, while the only person who has in fact suffered loss (the disappointed beneficiary) is left without a remedy. The Court of Appeal has subsequently endorsed that reasoning, namely that the duty should in justice be recognised...

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Web page updated on 21/05/2026

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