A solicitor's duty of care to intended beneficiaries under a will, as established in Hill v Van Erp, does not extend to circumstances where the estate itself has an effective remedy for the solicitor's breach that would provide an identical outcome to that sought by the beneficiaries. The duty to beneficiaries only arises where there is a 'lacuna' — where the estate has no claim for substantial damages. Further, no duty to beneficiaries arises until the testator has formed an unconditional intention to make a specific gift and given instructions accordingly; a solicitor is not under a duty to seek instructions not otherwise given to deal with assets in a way that would benefit intended beneficiaries.
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