Sutherland v Public Trustee - [1980] 2 NZLR 536

Negligence — Duty of care — Instructions for the preparation of a will — Testator, aged 81, left entire and substantial estate to wife, aged 64 - Wife predeceased testator — Estate passed on intestacy to testator's nieces and nephews — Wife's children by previous marriage alleged Public Trustee was negligent in not ensuring that the will contained a gift over to them — Whether duty of care existed — Whether breach of duty had been established.