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Litigation Letter

No loss following negligence

Daniels v Thompson CA TLR 23 March

The defendant advised the deceased to transfer her property and take out an insurance policy to protect the estate against the rise of a liability to inheritance tax in the event that she died within seven years of the transfer. However, the defendant neglected to advise her that if she continued to live in the property other than for valuable consideration, she would at her death be deemed to have an interest which would form part of her estate for inheritance tax purposes. On her death, inheritance tax was payable of £30,980. The claimant brought proceedings as executor of the estate. He claimed damages for breach of duty of care owed by the defendant to the deceased.

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