Student sues lawyers for pounds 2m over will 'negligence'

The world's second largest legal firm was "palpably negligent" in failing to speed up the execution of the will of a wealthy property developer despite knowing there was a "very substantial risk" that he might die, the High Court was told yesterday.

Old Etonian Dominic Trusted, 22, yesterday launched a pounds 2m claim against legal firm Clifford Chance and partners David Bowyer and George Staples, now head of the Serious Fraud Office, for his share of his great-uncle Eric Hopton's pounds 50m estate.

The student, who is receiving legal aid, claims the firm was negligent in failing to process the revised will of Mr Hopton, 72, who died in January, 1991, 10 months after he suffered a serious heart attack.

"It is our case that the defendants were indeed negligent, certainly in failing from hearing of Mr Hopton's illness, in taking any steps to seek to ensure that he executed his new will prior to his death," David Oliver QC, said.

Mr Oliver said Mr Trusted, due to receive pounds 50,000 under the terms of a will drawn up in 1984, would have received a much greater sum under the new will.

A similar action by Lady Delves-Broughton, the wife of Mr Hopton's late best friend, who had looked after Mr Hopton for the last years of his life, was discontinued earlier this month. The court heard that Mr Hopton had been so desperate to sort out his affairs and reduce his liability for inheritance tax that he had even considered a "marriage of convenience" whereby his new "wife" would distribute the funds at his death.

Mr Hopton, owner of the Belgravia Property Company, spent months negotiating the terms of his new will with David Bowyer. On 21 December, Mr Hopton had travelled to Devon, when he was taken seriously ill. On 3 January, Lady Delves-Broughton brought him back to London, a day after Mr Bowyer had been informed of his illness.

Mr Bowyer had been advised by Christopher Hopton, Eric Hopton's nephew, that he should not contact him about the will or "send him any letters that might worry him."

Seven days later Mr Hopton died. "At a point where it was well known to the defendants that he did wish to alter the provisions of his will ... we submit it was palpably negligent to fail to take any steps," Mr Oliver said.

The case was adjourned until Monday.

Independent Comment
blog comments powered by Disqus
Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
India and Shimla
14 nights from only £1899pp Find out more
Prague city break
Three nights from £199pp Find out more
4* Soreda hotel break, Malta
Seven nights all-inclusive from £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

SAP SD Consultant

£475 - £476 per day + negotiable: Progressive Recruitment: SAP SD Contract Con...

Maths Teacher- Reading

Negotiable: Randstad Education Reading: Our client in Sonning Common, is looki...

Science Teacher- Reading

Negotiable: Randstad Education Reading: Our client in Sonning Common, is looki...

Special Needs Teacher in Lewisham South London

£27000 - £55000 per annum: Randstad Education London: Supply special education...

Day In a Page

'There is a battle going on inside us that is never discussed'

Masculinity in crisis?

'There is a battle going on inside us that is never discussed'
Have US shock jocks gone too far?

Have US shock jocks gone too far?

An incendiary remark from Rush Limbaugh may be the beginning of the end for outspoken right-wing US broadcasters
The ‘Beverly Hills’ of Surrey pays more income tax than big cities of the North

The ‘Beverly Hills’ of Surrey

Elmbridge pays more income tax than big cities of the North
Heavenly Bodies

Heavenly Bodies

Michael Landy's artistic marriage made in heaven... and hell
'He will always be a friend': Jackie Stewart backs Polanski

'He will always be a friend'

Jackie Stewart backs Roman Polanski
The price of pacifism: Refusing to go to war is finally being recognised as a brave act

The price of pacifism

From the Second World War refusenik to the 19-year-old Israeli, Holly Williams talks to five people who risked shame and suffering to take a stand as conscientious objector.
'It was mass hysteria': Jason Isaacs on groupies, theatre bores and snogging James Bond

Jason Isaacs: Groupies, theatre bores and James Bond

To millions, Jason Isaacs is one of Harry Potter's arch enemies – but his wife prefers him as a Scottish TV detective.
Notes from a small island: Is Sealand an independent 'micronation' or an illegal fortress?

Sealand: 'Micronation' or illegal fortress?

Thomas Hodgkinson spent a week at the tiny platform off the Suffolk coast to find out.
Not a bad bone: Mark Hix cooks with cutlets and ribs

Mark Hix cooks with cutlets and ribs

If you ignore cutlets and ribs, you'll risk missing out on some delicious and easy meals, says our chef.
The experts' guide to summer: From getting fit for the beach to recreating that Olympic buzz

The experts' guide to summer

From getting fit for the beach to recreating that Olympic buzz
Sex, drugs and fast cars: The legend of James Hunt has set Hollywood hearts racing

Legend of James Hunt has set Hollywood hearts racing

Early glimpses of Ron Howard's film Rush suggest it will portray Hunt as a high-living lothario, with an insatiable appetite for partying.
Macklemore: 'I don't have moderation when using drugs and alcohol. It was hurting my life'

Macklemore: 'I don't have moderation'

The next Vanilla Ice or the next Eminem? Macklemore doesn't have a record contract – but he does have the UK's biggest-selling single of the year.
Don't be shy: Bill Granger's Sri Lankan recipes

Don't be shy: Bill Granger's Sri Lankan recipes

Sri Lankan cuisine is light, sunny, wonderfully spiced – and so easy to cook from scratch. Just as soon as you've broken into the coconut, that is.
Sir James Dyson’s latest project: Cleaning up hospitals

Sir James Dyson’s latest project: Cleaning up hospitals

Doctors are hailing the revamp of a Bath neonatal unit, where babies sleep more and feed better, as the model for patient care
One man returns to Argentina's town that drowned

One man returns to Argentina's town that drowned

Epecuen was submerged under 10 metres of water in 1985. Now the floods have gone – and 83-year-old Pablo Novak has moved back in