Wills Pro Conduct

Question 1

What are the 2 risks with gifts to solicitors who drafted a will in the will and vivos?

Answer 1

Suspicious circumstances

Professional conduct SRA

Question 2

What 2 options are there if the solicitor will receive a gift under the will?

Answer 2

Make client seek independent legal advice

Refuse to act and get another firm

Question 3

What are the main points SRA says about accepting will gifts?

Answer 3

• Value in relation to estate and of itself (legal advice)

Question 4

When might you be able to draft and still inherit substantially under the will?

Answer 4

If its your parents wills

Question 5

Can another authorised person give instructions for wills?

Answer 5

No

Question 6

Should there be a family member in the room when making a will?

Answer 6

No, should be just the testator

Question 7

If there is a family member in the room for making will, how should solicitor mitigate risk?

Answer 7

Explain risk

Take detailed attendance note

Confirm alone that they are happy to proceed