Glass of wine protects charity residue...
When the late Elizabeth Littlewood had her first consultation with solicitors...
...Wilkinson and Woodward about updating her 1994 will (July 2000), she gave various instructions, including a wish that her house be left to her granddaughter Charlotte Littlewood. Contemporaneous notes were made of the discussion noting this and other wishes, including one that the residue (once the specific bequests were paid out) went to the Bradford Royal Infirmary to buy machinery and equipment to aid arthritis sufferers. At this first meeting, Mrs Littlewood had appeared confused; contradicting herself on a number of occasions and the firm had doubts about her testamentary capacity at the time.
Acting on their concern, the solicitors arranged a second meeting, at which they were reassured that she was in perfectly sound mind (alcohol being largely to blame for her earlier behaviour), so they started the instruction process again, discounting the first meeting (but did not confirm this to their client at the time) as if it had not taken place. The testamentary disposition of the house was not mentioned again by the client, and the firm did not remind her. After two further meetings, the will was executed in November 2000. Mrs Littlewood died in December 2002 leaving a net estate of £433,046; the house (sold in the course of administration for £175,000) fell into the residue, of which the Bradford Royal Infirmary was the beneficiary.
Charlotte Littlewood sued for negligence, on grounds that the firm owed a duty of care to clarify Mrs Littlewoods intentions regarding the house and to advise her that it was going to fall into residue in the absence of specific provision.
The judge did not agree, stating ‘the solicitors’ primary duty was …to Mrs Littlewood’ and that this firm, although left in ‘an unusual situation’ had taken all reasonable care to obtain competent instructions for the will.
Author: Clarissa Dann
Clarissa Dann is the Editor of Caritas, Charity Funding Report and Codicil.
Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from
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