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19 February 2009 / David Catchpole
Issue: 7357 / Categories: Features , Legal services , Wills & Probate , Other practice areas
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The Golden Rule

If your client’s mental capacity is in doubt, how do you best advise them? David Catchpole explains

There is a good degree of knowledge in the legal profession about the so called golden but tactless rule where the capacity of a testator may be in issue. However, while the vast majority of probate practitioners are aware of the rule, fewer appear to follow it in practice. Telling your client, who you may have represented for numerous years, that you have concerns about their mental faculties is never easy—and many solicitors will shy away from this very difficult conversation. It is a conversation that may well lose a client (and potential fee income) as a result. Further, some practitioners may feel it is better to prepare a will and risk a fight in future over capacity, than to refuse to prepare a will and risk a possible professional negligence claim for not following their client’s instructions. Will preparation is a competitive business and a solicitor refusing to prepare a will for a  client

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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