Hawkins v Clayton (1988) 164 CLR 539

Facts: In 1970, Mrs Brasier instructed her solicitor to draft a will. The will appointed Mr Hawkins as her executor and left him the residue of her estate. The will was retained for safekeeping by her solicitors. Mrs Brasier died in 1975 but the solicitor made no attempt to locate Mr Hawkins and inform him of the will until March 1981. In October 1982, Mr Hawkins obtained a grant of probate. Between Mrs Brasier’s death and March 1981, the main asset of her estate, a house, was permitted to fall into disrepair and lie vacant for a substantial period of time. Mr Hawkins sued the solicitors on behalf of the estate in negligence for the loss suffered.

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