A solicitor retained to prepare a will owes a duty of care to both the testator and an intended beneficiary to enquire about the existence of family members who might make family provision claims, to advise about the potential for such claims and their impact on testamentary wishes, and to advise about available steps to minimise the risk — including the creation of joint tenancies or inter vivos transfers. This duty arises within the general retainer for will preparation and does not require the testator to ask about protective measures. Where the solicitor fails to give such advice, the beneficiary's claim is for loss of opportunity, assessed by reference to the value of the chance that the testator would have taken protective steps if properly advised.
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