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Dispute Resolution Law Blog

12 February 2021

Whoever thought Will forgery would be easy?

Two recent decisions relating to forged wills have highlighted what evidence will be sufficient for a court to make a finding of forgery.

Laura Phillips TEP

11 February 2021

Professional Negligence: to what extent can a solicitor rely on counsel’s advice?

When an individual instructs a solicitor, they may research and make various enquiries to establish which solicitor is best suited to their matter, seeking to find an expert in that field. Solicitors frequently instruct barristers (counsel) as part of their client’s legal team to provide advocacy and additional expertise. Solicitors often rely on advice from counsel when advising clients. Whilst a solicitor is entitled to rely on counsel’s advice, and the more specialist the nature of the advice the more reasonable reliance will be, in doing so they need to properly consider that advice rather than simply accepting the advice without further scrutiny.

20 January 2021

Professional Negligence and Implied Retainers

Usually, the scope of duty of care between a solicitor and a client will be set out in writing in an engagement letter, but there are some circumstances in which a solicitor may assume duties to someone other than their client, which can create problems if that party is to suffer a loss. In those circumstances, a key question is whether a solicitor owes the third party a duty of care.

Jemma Brimblecombe

19 January 2021

Trust and Estate Disputes Quarterly Round-Up: Q4 2020

This quarterly contentious trust and probate litigation update provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period October 2020 - December 2020.

Katherine Pymont

18 January 2021

Beneficiaries in the dark: what can you do to obtain the information you need?

Beneficiaries often have questions and concerns over how the estate of a loved one is being administered but are sometimes kept in the dark by personal representatives (PRs). Under section 25(b) of the Administration of Estates Act 1925 (AEA 1925) PRs can be required by the court to provide, on oath, a full inventory of the estate and an account of what steps they have taken to administer an estate. 

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