Trusts, duty of care, negligence

 In Tax

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Could a solicitor’s duty of care extend to the potential recipient of a gift made with funds from a discretionary trust?

– Joseph v Farrer [2017] EWHC 2072

Case Summary from LawSkills | Private Client specialist trainersA discretionary beneficiary of a large offshore trust, Mr Cundill, wanted to use funds provided to him by the trustees of the settlement to make a very significant cash gift to a friend, the plaintiff Chantal Joseph (‘CJ’). He received legal advice and assistance from Farrers in relation to seeking the required funding from the discretionary trustees and, it was acknowledged by all, that the trustees had significant reservations about the proposed gift. Arrangements were made for a series of biannual payments to be paid to CJ, but they were stopped by the trustees after concerns over her behaviour escalated. CJ had attended some of the legal meetings with Mr Cundill, and now claimed that the solicitor had been acting on her behalf as well as his and/or had failed in his duty of care toward her.

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