The role of the will draftsman
Tim Fullerlove, Wilsons
PART 1 – BEFORE DEATH
Guidance and codes of conduct
Several published guides and codes of conduct, including:
• the Law Society
• the Solicitors Regulation Authority (“SRA”)
• the Society of Trust & Estate Practitioners (“STEP”)
The most important rule
KEEP DETAILED NOTES!
Meeting the client
• Always meet the client in person if at all possible
• See the client alone if possible. If not, take care and keep detailed note
Timeframe
• The draftsman should always strive to prepare the will promptly
• Ask if there are particular time constraints
• Where preparing wills for multiple clients (e.g. spouses) discuss client
confidentiality with them
Particular issue in the will
• Professional executors
• Gifts to the draftsman
Mental Capacity
• The Golden (but tactless) rule
• Practicalities – are there any concerns?
• Practical steps to assess capacity
Further advice
• Possible claims
• Tax advice
PART 2 – AFTER DEATH
Release of information from the will file
The draftsman could be a key
witness. Should he disclose
details from his file?
Larke v Nugus
Larke v Nugus letters
How should the draftsman reply?