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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 is provided with minimum risk of negligence claims. The use of express services should always be considered if age or health is a potential issue.

Following the issuing of the initial drafts for checking, it is important to ensure WillPack are kept up to date over any expected delays for any reason. This allows us to keep our files up to date with the current circumstances and we can approach and handle the case in the appropriate way. If we are kept updated, the paper trail will allow our insurance to offer the protection to both you, the consultant and WillPack in the event of any negligence claims due to time delays.

We require your cooperation in order that we can provide our services as efficiently as possible. As the consultant you have a duty of care to your clients to ensure that the above is carried out to minimise any possible risks and distress of all parties involved if anything were to happen.

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