3. Wills - Professional Conduct

Question 1

What issues may arise when drafting wills?

Answer 1

Principle 3 (act with independence)

Part 1.2 (not take unfair advantage of clients)

Part 6.1 (not act where CoI)

Question 2

What issues may arise when giving tax advice?

Answer 2

Principle 2 (act in way upholding public trust and confidence in solicitors’ profession and legal services)

Principle 7 (act in client’s best interests)

Part 3.2 (ensure service to clients is competent)

Question 3

What issues may arise as to duress/undue influence/capacity?

Answer 3

Part 3.1 (act only on client’s instructions)

Part 3.4 (consider client’s attributes, needs, circumstances)
- Including whether client lacks capacity to make will

Part 8.6 (give clients info in understandable way)

Question 4

What issues may arise as to joint will instructions?

Answer 4

Part 6.2 (not act for more than one client where risk of client conflict)

Question 5

What issues may arise as to appointment of executors?

Answer 5

Principle 7 (acting in client’s best interest)

Part 1.2 (abusing position by taking unfair adv of clients)

Part 6.1 (own interest conflict)