A solicitor retained to prepare a will disposing of property held in joint tenancy must advise the testator that severance of the joint tenancy is necessary to give effect to the testamentary intention, and that under s 59 of the Land Title Act 1994 (Qld), a copy of the transfer must be given to the other joint tenant before registration. Service of a notice of severance is part of the will-making process. Where a testator's reluctance to take a necessary step was formed in reliance on negligent advice that the step might not be necessary, that reluctance cannot be relied upon by the negligent solicitor to defeat causation.
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