The Court held that a solicitor retained to prepare wills breached the duty of care owed to an intended beneficiary by failing to advise the testator that property held in joint tenancy would not pass under the will due to the right of survivorship, and by failing to advise on or take steps to sever the joint tenancy as part of the will-making process. On the facts, the Court was satisfied on the balance of probabilities that the testator would have instructed severance had he been advised, treating the claim as one for deprivation of an identified benefit rather than a loss of chance, and assessed damages as the present value of the plaintiff's remainder interest at $510,000. The Court declined to award pre-judgment interest on the basis that the plaintiff would not yet have received the property interest even absent the negligence.
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