We reported in the January alert on the Law Society Practice Note Preparing a will when your client is leaving a gift for you, your family or colleagues.
On 20 January 2015, the Law Society published amendments to the
Practice Note. These amendments clarify that there is no definition
of 'member of the firm' but that it would appear to include
any employee of the firm. It also provides guidance on lifetime
gifts to a staff member or immediate family as well as gifts under
a will.
Occasionally charities are faced with difficult situations where it
appears advantage was taken of their benefactor but if they
question the bequest are accused of failing to respect the
deceased's wishes.
We advised behind the scenes in one difficult estate administration
where the solicitor executor claimed, without corroborating
evidence, that the testatrix had wanted him, and his wife, to fly
first class to Jamaica to scatter the testatrix's ashes
(staying a week in Montego Bay at the estate's expense in the
process). He was stopped – this Practice Note should assist
legacy officers resisting such egregious behaviour.
The updated Practice Note is available by clicking here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
