Can a former beneficiary of a deceased testator bring a claim against the deceased’s estate solicitor?

Alberta, Canada

The following excerpt is from Graham v. Bonnycastle, 2004 ABCA 270 (CanLII):

I suggest that the reasoning of Chadwick, L.J. would not prevent a claim by a former beneficiary who is without a remedy. In fact, as Lord Goff contemplates in White v. Jones, supra, if the wills solicitors were negligent and his or her negligence did not come to light until after the death of the testator, there would be no remedy for the ensuing loss to the beneficiary under the former will. The impugned will would have been admitted to probate and the bequests distributed leaving the estate barren. A “lacuna” is apparent. Unlike the circumstances of the present case, and those relied upon by my colleague, it would be too late to challenge the later will and, in any event, the dissipation of the estate assets would render any such remedy moot.

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