Shorter Reads

Lawyer legacy leaves large litigation liability

1 minute read

Published 26 September 2018

Authors

Share

Key information

  • Services
  • Private Wealth
  • Wills & Succession Planning

It (should) be well-trodden practice for solicitors to advise their clients to seek independent legal advice should the client wish to benefit that lawyer under their Will.

This ruling demonstrates the need to consider this best practice more widely than perhaps previously thought. The client in question had been advised to take independent legal advice the first time the Will was prepared, however on each subsequent revision (and particularly where the amount of the legacy increased), the solicitor had not done so.

The tribunal also found that it was not sufficient for the solicitor in question to believe that the ‘independent’ advice sought was truly independent. The SRA rules were applied in this instance in an objective manner and the two advisers were found to be too closely connected. The standard to be achieved was that of an ordinary person.

https://www.lawgazette.co.uk/news/honest-mistake-dishonesty-ruled-out-over-wills-gifts-to-solicitor/

Message us on WhatsApp

Related latest updates
PREV NEXT

Arrow Back to Insights

Shorter Reads

Lawyer legacy leaves large litigation liability

Published 26 September 2018

Associated sectors / services

  • Private Wealth
  • Wills & Succession Planning

Authors

It (should) be well-trodden practice for solicitors to advise their clients to seek independent legal advice should the client wish to benefit that lawyer under their Will.

This ruling demonstrates the need to consider this best practice more widely than perhaps previously thought. The client in question had been advised to take independent legal advice the first time the Will was prepared, however on each subsequent revision (and particularly where the amount of the legacy increased), the solicitor had not done so.

The tribunal also found that it was not sufficient for the solicitor in question to believe that the ‘independent’ advice sought was truly independent. The SRA rules were applied in this instance in an objective manner and the two advisers were found to be too closely connected. The standard to be achieved was that of an ordinary person.

https://www.lawgazette.co.uk/news/honest-mistake-dishonesty-ruled-out-over-wills-gifts-to-solicitor/

Associated sectors / services

  • Private Wealth
  • Wills & Succession Planning

Authors

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):

    Article contributor

    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (no calls)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up
    Get In Touch Print this page
    Collyer Bristow
    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.