A solicitor retained by a parent to effect a property distribution between family members may owe a duty of care to the intended beneficiaries, where the solicitor's assurances and conduct indicate recognition of a duty to exercise skill and care in their interests, and where performance of that duty does not conflict with the solicitor's obligations to the client. Where a solicitor reassures a third party that their interests are being protected, the solicitor must take steps to make the arrangement legally enforceable or advise the third party that this will not be done. Damages for loss of a chance in such cases must be assessed by reference to degrees of probabilities and possibilities, not at 100%.
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