| Commentary

72.35 Solicitors and their clients

| Commentary

72.35 Solicitors and their clients

Are the terms of business on which solicitors contract with their client clear as to whether third party rights might arise or as to which third party might benefit? For example, a solicitor contracts with a client to prepare a will. The will usually names beneficiaries (for example a spouse, children), and these can be either specifically named or a class (for example ‘the children remaining alive at the date of my death’). The will is prepared defectively or negligently, and the third parties do not benefit as intended. Do the third parties have a

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