Solicitors’ Delay in preparing a Will – When is it Negligent?
The case of A v B & C reached the court of appeal and the judgment was released yesterday (14 March 2012). The case centred around a child whose three parents are gay and the natural father requested overnight stays with his child. The mothers declined. The father was granted access. “No matter how detailed their agreement, no matter what formalities they adopt, this is not a dry legal contract. Biology, human nature and the hand of fate are liable to undermine it and to confound their expectations. Circumstances change and adjustments must be made. And above all, what must dictate is the welfare of the child and not the interest of the adults.”
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