Duty of Care – Taking Will instructions

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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…

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