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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10710
Experience:  Barrister 17 years experience
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If a solicitor acting for executors, who are also beneficiaries

Resolved Question:

If a solicitor acting for executors, who are also beneficiaries is in possession of a will written and dated 2010, subsequently discovers that the will form used was not issued until 2011 and then continues to represent against a further will in the hopes of getting a share for his clients, are they acting in a proper way, do they have responsibility to report irregularities to the authorities?
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.
1. A solicitor primarily owes a duty to a client. Unless there is clear fraud, then there is no obligation on a solicitor to report any potential offence to the authorities. Accordingly, provided the solicitor's client in this instance proffers a reasonable explanation about the situation, then there is nothing to prevent the solicitor to continue representing the client. Until such times as a court clearly rules on the issue ans states that there is fraud, then there is absolutely no obligation whatsoever for the solicitor to believe the account of a different party seeking to uphold some will other than the one sought by his client. Essentially the solicitor is only agent. The solicitor is not expected, nor should the solicitor sit in judgment on any issue arising in a case concerning a will. That is the duty of the court, not the solicitor and it would be very wrong of the solicitor to embark on this process. The solicitor's duty is to represent his client, not reach a decision on the merits of his client's claim or the claims against his client.
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Customer: replied 4 years ago.

but the solicitor knew t hat the date on the will could not be correct as the document it was written on was not published until the following year and pointed this out to his client

Expert:  Buachaill replied 4 years ago.
2. You seem to want the solicitor to be judge and executioner for your point of view. That is not the way the law is. As I pointed out to you once the client offers some explanation all is fine! The law does not act to strip away legal representation. It positively encourages. So this person has a right to be represented until a court decides the issue involved with the will.
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