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 seek advice elsewhere from someone else less scrupulous perhaps s. Even where
a solicitor follows the golden rule and suggests that their client should have his capacity assessed, a testator may (understandably) resent having to take a test.
Not exact matches
Getting
solicitors to
follow the
golden rule must be the key, but for the reasons set out above this can be treated more like an exception than a
rule.
Perhaps a stronger sanction, or any sanction at all, against those
solicitors w ho fail to
follow the
golden rule in the most obvious cases, might result in fewer cases getting to court.