Is there a conflict of interest?


(Anna Wonnacott) #1

Hi

I’m interested to hear people’s views on the following as my team have differing opinions.

Firm X drafted a will for Party A. He leaves his estate in trust for his two children, Party B and Party C. Their inheritance will be tied up in a trust until they reach the age of 35.

Party A died. His daughter, Party B, approaches Firm X in respect of a claim under the Inheritance (Provision for Family & Dependants) Act 1975 (“the Act”). Her claim under the Act is largely based on her views that the will does not provide reasonable financial provision because her inheritance is tied up in a trust until she reaches the age of 35. Firm X is not instructed to investigate the validity of the will and there is no suggestion that the will is invalid.

Is Frim X conflicted if they take on Party B as a client to pursue a claim under the Act in circumstances where they acted for Party A, the testator, and prepared the will.

I welcome your thoughts on this!

Thanks