Wills Professional Conduct Flashcards
Who must the solicitor take will instructions from?
A) The client or an authorised agent
B) Any family member
C) The client’s friend
D) The solicitor’s secretary
A – The client or an authorised agent
Explanation: Only the client (or someone authorised) can give instructions. Otherwise, the will could be challenged.
What must a solicitor do if they suspect a client has no testamentary capacity?
A) Proceed quickly to avoid losing instructions
B) Obtain medical evidence confirming capacity
C) Ask the client’s relatives for guidance
D) Ignore and rely on client’s word
B – Obtain medical evidence confirming capacity
Explanation: Following the golden rule protects both the client and the solicitor from later challenges.
If a solicitor is a beneficiary of a will they drafted, what is a key risk?
A) Increased fees
B) No risks if client consents
C) Conflict of interest requiring independent advice
D) Faster probate
C – Conflict of interest requiring independent advice
Explanation: There is a risk of undue influence unless the client gets independent legal advice.
What happens if a solicitor negligently delays drafting a will and the client dies?
A) No consequences
B) The will is still valid
C) The solicitor is personally liable for negligence
D) A statutory will automatically replaces it
D – A statutory will automatically replaces it
Explanation: Actually, no statutory will is automatic. Solicitors can be liable if delay causes loss.
A daughter asks a solicitor to prepare her father’s will without involving the father. What should the solicitor do?
A) See the father privately for instructions
B) Follow the daughter’s instructions
C) Draft the will based on the daughter’s account
D) Take no action
A – See the father privately for instructions
Explanation: Instructions must come directly from the client to avoid undue influence claims.
A solicitor suspects a client’s will could lead to an IPFDA 1975 claim. What should they advise?
A) Ignore the risk
B) Warn the client and suggest a written explanation
C) Refuse to draft the will
D) Instruct the executor to ignore potential claims
B – Warn the client and suggest a written explanation
Explanation: A written explanation can help defend against future family claims.
A solicitor finds a client lacks mental capacity after obtaining medical advice. What should they do?
A) Draft a simple will anyway
B) Proceed cautiously
C) Apply for a statutory will through Court of Protection
D) Tell the family to prepare a DIY will
C – Apply for a statutory will through Court of Protection
Explanation: A client lacking capacity cannot make a private will. A statutory will is needed.
When is the solicitor’s duty of care towards intended beneficiaries recognised?
A) Never
B) Only after client death
C) It exists both before and after death (White v Jones)
D) Only if beneficiaries are named in the will
D – Only if beneficiaries are named in the will
Explanation: Duty arises when mistakes prevent intended beneficiaries receiving inheritance.
A solicitor is slow in advising a client how to properly sign a will. If the will is invalid because of execution errors, what is the likely outcome?
A) No consequences for the solicitor
B) Solicitor may be liable for negligence (Ross v Caunters)
C) Court automatically validates the will
D) Will remains valid under special rules
B – Solicitor may be liable for negligence (Ross v Caunters)
A solicitor is rushed by a client to draft a new will. What is the most important professional duty?
A) Meet the client’s deadline at any cost
B) Still exercise skill and care, even if urgent
C) Skip mental capacity checks
D) Copy previous wills without checking instructions
B – Still exercise skill and care, even if urgent
Explanation: Urgency does not excuse poor legal practice.
If a solicitor fails to warn a client that their intended will gifts may trigger family claims, what could happen?
A) Nothing, so long as the client signs the will
B) A possible negligence claim after the client’s death
C) A fine by the probate registry
D) The gift becomes invalid
B – A possible negligence claim after the client’s death
What should a solicitor do if they become aware the client is being unduly influenced?
A) Proceed as usual
B) Seek instructions via the influencer
C) Refuse to act if independent wishes cannot be confirmed
D) Prepare the will but add a warning clause
C – Refuse to act if independent wishes cannot be confirmed
Explanation: Incorrect. You should refuse to act if undue influence is suspected.
