Other Issues

Abstract This is dealt with in more detail elsewhere1. However, it can generally be observed that it is not established that there is a duty to give advice on the potential for claims under this Act when taking will instructions from a client, although there could be an attempt to found a claim on there being such a duty. Furthermore, it is good client care to offer to give such advice if it is needed. Where the client does not require any advice, a restriction to this effect in the terms of the retainer is a sensible step to safeguard the will-preparer’s position against possible later claims. Alternatively, if the client requires the advice, then it can be given for the appropriate fee. In a sense, asking if the client requires the advice is a win/win question for the will-preparer—a refusal can reduce the potential for claim against the will-preparer (if properly recorded) while requiring the advice can produce additional work.