White v Jones [1995] 2 AC 207 (HL)

Facts

  • A testator instructed his solicitor to draft a new will benefiting his daughters, the claimants.
  • The solicitor negligently failed to include the daughters in the will.
  • As a result, the daughters were excluded from inheriting funds the testator intended for them.
  • The daughters’ loss was the loss of anticipated inheritance (loss of expectation), not loss to existing property or rights.
  • The testator’s estate could not claim against the solicitor, as it did not suffer a loss from the negligence.
  • The central issue was whether the daughters, lacking a direct relationship with the solicitor, could sue for negligence due to their loss of expectation.

Issues

  1. Whether a solicitor owes a duty of care in negligence to intended beneficiaries of a will, even absent a direct relationship.
  2. Whether loss of expectation, rather than actual loss of property or rights, is sufficient for a negligence claim by intended beneficiaries.
  3. Whether imposing such a duty creates uncertainty by extending liability to third parties beyond the client.

Decision

  • The House of Lords held the solicitor liable in negligence to the intended beneficiaries.
  • Lord Goff reasoned that imposing a duty was necessary to achieve practical justice, especially for clients of small law firms where no other redress exists.
  • The duty of care, though usually owed to the client, was extended to intended beneficiaries by operation of law in these circumstances.
  • Lord Browne-Wilkinson agreed, emphasizing the solicitor’s knowledge that the beneficiary’s well-being relies on the solicitor’s work, justifying the extended duty.
  • Lord Mustill dissented, arguing the absence of direct dealings or assumption of responsibility from beneficiary to solicitor should preclude liability to third parties.

Legal Principles

  • Duty of care in negligence may extend to intended beneficiaries where a professional's failure causes a loss of expectation, even without a direct relationship.
  • Assumption of responsibility is not always necessary for imposing a duty; practical justice and the professional’s awareness of third-party reliance may suffice.
  • The test for assumption of responsibility should be applied objectively and does not rely solely on the defendant’s subjective intentions.
  • The expansion of liability is particularly significant in situations where only the intended beneficiaries suffer loss and the estate itself has no claim.

Conclusion

White v Jones [1995] 2 AC 207 expanded the scope of professional negligence by recognizing a solicitor’s duty of care to intended beneficiaries excluded from a will due to negligent drafting, even in the absence of direct contractual or fiduciary relationships. This decision balanced practical justice with legal reasoning but also highlighted potential complexities regarding conflicting duties. The case remains central to the development of the duty of care in negligence law.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal