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Dispute Resolution Law Blog

14 July 2020

Trust and Estate Disputes Quarterly Round-Up: Q2 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 April 2020 - June 2020.

Katherine Pymont

13 July 2020

Civil Fraud Quarterly Round-Up: Q2 2020

A Civil Fraud quarterly round-up (2nd quarter 2020)

Mary Young

2 July 2020

Solicitors’ Delay in preparing a Will – When is it Negligent?

Delay is a common complaint in professional negligence claims against solicitors in the context of wills and probate. For example, If a client is in poor health or advanced old age and wants to create or update their will, they might instruct a solicitor to assist with this. If the client dies before the new will can be prepared and/or executed, the beneficiaries who would have inherited, had the will been put in place before the client’s death, may look to bring a professional negligence claim against the solicitor if there has been undue delay by the solicitor in preparing the will.

Kate Salter

26 June 2020

Testamentary Capacity and Undue Influence – When does a Professional Negligence Claim arise?

Solicitors in any field of practice are under a duty to exercise reasonable care and skill when acting for clients. In wills and probate practice, that duty also extends to the beneficiaries of a testator. If the solicitor has acted in breach of that duty, which causes loss to the client or their beneficiaries, this could form the basis for a professional negligence claim against the solicitor.

Kate Salter

18 June 2020

Discounted CFAs – how do they work and are they too good to be true?

When both client and solicitor have equal skin in the game it can create a harmony that other funding methods cannot reproduce.

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