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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 whose capacity he questions knows  that the client could

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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