Wills - professional Conduct Flashcards
What must a solicitor comply with when taking instructions for a will?
A solicitor must comply with relevant regulations and duties.
What does the SRA Code of Conduct for Solicitors (CCS) outline?
The CCS outlines the professional standards expected of solicitors authorized to provide legal services.
What is CCS 3.1 regarding third party instructions?
You only act for clients on instructions from the client or someone properly authorized to provide instructions on their behalf.
What should a solicitor be aware of when taking instructions from a couple or family members?
A solicitor should be aware of the risk of undue influence.
What does CCS 3.2 require from solicitors?
You ensure that the service you provide to clients is competent and delivered in a timely manner.
What does CCS 3.3 emphasize for solicitors?
You maintain your competence to carry out your role and keep your professional knowledge and skills up to date.
What must a solicitor confirm regarding a client’s testamentary capacity?
A solicitor must satisfy themselves that the client has testamentary capacity.
What should a solicitor do if testamentary capacity is in doubt?
The testator’s consent should be obtained to approach their medical practitioner for confirmation of capacity.
What is the recommendation if testamentary capacity cannot be confirmed?
A will should not be prepared; only a statutory will can be made following an application to the Court of Protection.
What does CCS 6.1 state?
You do not act if there is an own interest conflict or a significant risk of such a conflict.
can a testator leave a gift to you (solicitor) or a member of your law firm?
yes, but there is a risk of conflict of interest - so it is recommended that you should refuse to act for a client that is proposing to make a gift of significant value to your, member of your family, member of your law firm or their family members (unless the client takes independent legal advice)
What is a common law duty regarding will preparation?
A general common law duty to prepare a will for a client with due skill and care, and within a reasonable time.
What is good practice for taking instructions?
A personal interview with the client is usually necessary to obtain full and clear instructions.
What should a solicitor do to minimize risks under IPFDA 1975?
Ensure that you take full details of all members of the family and any dependants.
What should clients be advised regarding future claims against their estate under IPFDA 1975?
Clients should be advised that it is not possible to prevent a future claim being made against their estate.
What should happen to a will after it is made?
It is important to ensure it is reviewed at regular intervals or specifically if certain events occur.
What events should prompt a review of a will?
Marriage, divorce, birth of children, death of close relatives, substantial change in asset value, and moving or acquiring assets abroad.
What are the key CCS sections to pay attention to when providing will drafting services?
CCS 3.1, 3.2, 3.3, 3.4 and CCS 6.1.
