A professional has a duty to exercise “reasonable care and skill” when dealing with their clients. Negligence claims against solicitors can arise for all manner of reasons. Katherine provides some examples of how a solicitor's actions within the remit of wills and estates may give rise to professional negligence.
The self-isolation and social distancing bought about as a result of the coronavirus pandemic leaves the elderly and incapacitated even more vulnerable to financial abuse. It is has been well reported that fraudsters are seeking to take advantage of the current situation whether via the internet, on the phone or in person but it also seems likely that this period will sadly see a rise in abuse of power of attorney by those closer to home.
The case of Goss-Custard v Templeman & Ors involved a dispute as to whether Lord Templeman, a former judge, had testamentary capacity when his last will was executed in 2008, six years before his death.
This article was first published by Farming UK on 26 March 2020. In the last fortnight, at a time when many are updating their wills, reflecting on their estates and what is in store for future generations, the courts have handed down two more decisions relating to farming inheritance cases. These are not uncommon. In 2018, there were 7 proprietary estoppel cases related to farming, or farming partnership disputes out of a total 12 proprietary estoppel claims.
In many cases where there is a dispute over a trust or estate, one or more of the potential parties will be a minor child (that is, aged under 18). Cases may also involve parties who do not have the requisite mental capacity under the Mental Capacity Act 2005 to engage in litigation. Such parties are commonly referred to as ‘protected parties’.