Clock, blue, time, delay, willpack, logo

Time Delays

By | Drafting, Taking instructions | No Comments

The issue of time is a problem which nearly all Will Writers will face, most commonly due to the age or health of the testator. The case of White v Jones [1995] highlights this issue. A Solicitor took instructions and was found to be negligent because more than 40 days had passed, from the taking of the instructions and the client then dying before the Will was produced. When instructions are taken and submitted to us, any health and age issues must be clearly highlighted to us so we can ensure that there are no time delays in producing the documents. With issues such as these, we would hasten the drafts as best we can. We also combat these issues with a draft term of 10 working days for all cases that have not been expressed, with even shorter draft terms for the expressed cases to ensure the service requested…

Read More

Duty of Care – Taking Will instructions

By | Taking instructions | No Comments

What considerations are there when taking will instructions? As part of our process, we will usually issue drafts to you via e-mail and ask that you respond to us within 10 working days. As soon as you have accepted the instructions from your clients you then have a duty of care to keep time delays to a minimum to produce the final document to them. The case White v Jones [1995] highlights this problem in relation to Wills. As a brief overview; the client, Mr White contacted his solicitor, Mr Jones, in relation to changing his Will.  His current Will had excluded his daughters. Mr White later reconciled his differences with his daughters hence wishing to change his Will to now make provision for them. Mr Jones, took Mr White’s instructions and more than 40 days later still without the Will being produced, Mr White died. The daughters took legal…

Read More