Pro conduct Flashcards
What should a solicitor do if they receive 3P instructions?
- Do not act if you have any reason suspect they are not the client’s wishes
- Wait for instructions from the client unless 3P is authorised to give instructions
Particular risk when meeting family members together - advise of the risk of undue influence
What are the key components of providing a competent service?
- Timely and competent service
- keeping skills and knowledge up to date
- prompt drafting of will
- advising on tax and trust implications
How should the solicitor be aware of their client’s circumstances?
- Take circumstances into account
- Be alert to indications that a client may lack testamentary capacity
- take a detailed note of the client’s instructions and keep an express statement regarding the solicitor’s assessment of the client’s testamentary capacity
What should a solicitor do if there is doubt as to the testator’s testamentary capacity?
Obtain the testator’s consent, and then approach their medical practitioner for confirmation of capacity
- make a record of their findings
What must a solicitor do if a medical professional cannot confirm a client’s capacity?
Do not draft the will; only a statutory will can be made
What is the position regarding gifts in the will to solicitors?
There is no mandatory rule prohibiting gifts to the solicitor, their family, or members of the firm.
- BUT if the client proposes this, and the gift is of significant value, they should refuse unless they get independent advice
What are the common law duties of a solicitor in preparing a will?
- To prepare with due skill and time
- Draft will in accordance with instructions
- Practitioner may be liable if they fail to execute a valid will
What should be done regarding a will when considering IPFDA 1975?
- Ensure you take full details of family and dependents
- Check ancillary relief order for former spouses
- Check maintenance payments/claims from special needs
- Written statement to confirm why a potential applicant is being excluded
- Should be advised it is not possible to guarantee any claim will be free from IPFDA claims
What should be included in a written statement when excluding a potential applicant from a will?
Confirmation of why the potential applicant is being excluded
What advice should be given regarding IPFDA claims?
It is not possible to guarantee any claim will be free from IPFDA claims
When should wills be reviewed?
At any major life event
