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Legal Malpractice and the Disappointed Beneficiary under English and German Law
The matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The p...
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| Format: | Thesis |
| Language: | English |
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Centre for Law and Society
2021
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| _version_ | 1867613203022741504 |
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| access_status_str | Open Access |
| author | Demuth, Michael |
| author2 | Hutchison, Dale |
| author_browse | Demuth, Michael Hutchison, Dale |
| author_facet | Hutchison, Dale Demuth, Michael |
| author_sort | Demuth, Michael |
| collection | Thesis |
| description | The matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The problems shall be examined by comparing the solutions for these cases under English and under German law. - As will be seen below, policy-considerations form the core of the leading court decisions dealing with that problem in England as well as in Germany because no satisfactory theoretical solution to the problem is been found yet. But in both jurisdictions it seems that the courts and writers concerned with these cases seem to tend to the opinion that the policy reasons are speaking for a solution in which the lawyer is held liable to the disappointed beneficiary. Since the theoretical problems are still not solved, these policy arguments are of crucial importance in the disappointed-beneficiary cases. Next to a survey of the conceptual issues it shall therefore be tried to examine these policy arguments carefully. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/35320 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:24.523Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/35320 Legal Malpractice and the Disappointed Beneficiary under English and German Law Demuth, Michael Hutchison, Dale Private Law The matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The problems shall be examined by comparing the solutions for these cases under English and under German law. - As will be seen below, policy-considerations form the core of the leading court decisions dealing with that problem in England as well as in Germany because no satisfactory theoretical solution to the problem is been found yet. But in both jurisdictions it seems that the courts and writers concerned with these cases seem to tend to the opinion that the policy reasons are speaking for a solution in which the lawyer is held liable to the disappointed beneficiary. Since the theoretical problems are still not solved, these policy arguments are of crucial importance in the disappointed-beneficiary cases. Next to a survey of the conceptual issues it shall therefore be tried to examine these policy arguments carefully. 2021-11-18T13:18:29Z 2021-11-18T13:18:29Z 2000 2021-11-12T08:33:48Z Master Thesis Masters LLM http://hdl.handle.net/11427/35320 eng application/pdf Centre for Law and Society Faculty of Law |
| spellingShingle | Private Law Demuth, Michael Legal Malpractice and the Disappointed Beneficiary under English and German Law |
| thesis_degree_str | Master's |
| title | Legal Malpractice and the Disappointed Beneficiary under English and German Law |
| title_full | Legal Malpractice and the Disappointed Beneficiary under English and German Law |
| title_fullStr | Legal Malpractice and the Disappointed Beneficiary under English and German Law |
| title_full_unstemmed | Legal Malpractice and the Disappointed Beneficiary under English and German Law |
| title_short | Legal Malpractice and the Disappointed Beneficiary under English and German Law |
| title_sort | legal malpractice and the disappointed beneficiary under english and german law |
| topic | Private Law |
| url | http://hdl.handle.net/11427/35320 |
| work_keys_str_mv | AT demuthmichael legalmalpracticeandthedisappointedbeneficiaryunderenglishandgermanlaw |