12 December 2018
Requests for information about validity of will
Have you been asked to provide a statement as to the circumstances surrounding the preparation and execution of a will and to also provide copies of the will file? Did the request refer to Larke v Nugus? Larke v Nugus is an English case concerning resistance to a grant of probate of a will on […]
30 November 2018
Retainer going nowhere? Don’t let it drift!
What steps should you take to ensure your potential new client provides complete instructions? What if the proposed work is complicated by the involvement of an intermediary purporting to have the client’s authority, such as a spouse, child, relative, friend or another advisor? It is risky to just let the matter drift without proactively managing […]
16 November 2018
When seven years isn’t long enough
How long should you keep your file after a matter has concluded? Some practitioners routinely destroy files seven years after closure with client authorisation. In some instances experience tells us you should keep files for longer, especially where a cause of action can accrue more than six years after the retainer has ended. Retaining files […]
26 October 2018
Fraudsters: don’t let them in!
If a complete stranger appeared at your door and invited themselves into your home, would you let them in? Probably not. Then why do so many people open the door to cyber-criminals on their computers? A common misconception is that most cyber-crimes involve hacking: the use of computer technologies to gain access to computers and […]
19 October 2018
Be sure before disbursing trust money
When acting as stakeholder, you need to check that any conditions for disbursing the money have been strictly met and keep appropriate documentary evidence. In one claim, a practitioner acted for a company that was to be nominated by an affiliate as the purchaser of a property for development. The client needed to raise capital […]