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More haste, less speed?

When making wills for clients who lack capacity or are very close to death, be aware of the common pitfalls, which could prove costly, says Lloyd Junor

17 June 2013

Negligence in practice is not taken lightly. A solicitor who fails to give effect to the testator’s wishes may be liable to compensate the intended beneficiaries for their loss, as confirmed in White v Jones. Practitioners faced with making an urgent will for a client, usually near death, take a high risk. And making a will for an incapable client exposes them to a claim for costs in any validity claim.

Will-writing errors are all too common, so there is plenty to learn from the mistakes of others.

And so it begins ?
Often overlooked is the fact that your retainer starts when you take the initial telephone call and agree to undertake the instructions. Endeavour, therefore, to see the client as soon as possible. If workload means that an appointment is not immediately available then simply decline to act.

Has the client got cap...

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