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Good evening, thank you for your question. at (2) you may have to explain what you mean, is the client someone other than an executor or a beneficiary?
Hi, they do not have to make checks, the death of a person is public record, if a person wishes a public notice to be advertised then yes, there are no confidentiality issues.
Why are you upset about something?
Yes, that is what I mean. Anyone can place this public notice.
What are your concerns?
No, not necessarily, are you an executor or a beneficiary or both? Placing an advert doesn't give access to any private information, how would it?
If a person instructs a solicitor to place an advertisement and obtains any responses then any person can do that.
I don't understand what has happened I'm afraid, you will have to let me know.
the solicitor is not obliged to make checks, this is standard procedure when someone dies.
The advert would not reveal account information, do you mean bank account information?
The Notices simply ask anyone with a claim against the estate to contact the nominated person. Where would account details be revealed?
So, illegitimate children? Large debtors unlikely.
Solicitors do not have a duty of care to the estate, only executors have that duty.
Again it would be helpful to know what your concerns arise from?
Usually the person instructing solicitors in the estate will be an executor. The Will states that they are, or the family information.
You need to explain what has happened otherwise we will spend several hours of 'what if'
Good Morning, thank you for your patience. I am a solicitor in England wnd Wales and I have been asked to respond to you as the other expert is no longer assisting. I have considered your question as a fresh question to not have the discussion you had earlier influence my guidance. When any client appointments a solicitor for any action, the solicitor must conduct due diligence and this involves checking the client’s identity, conducting Money laundering checks, checking that the client has the mental capacity to give instructions and that they indeed have personal knowledge of the instructions they give. Giving notice In the Gazette entails knowing the details of the deceased and his/her estate well. As such a solicitor being retained to give the public notice will want to know that the person giving notice is either an executor (if there is a Will), an administrator (if they died intestate), an identified beneficiary under a Will a potential beneficiary of intestate. A solicitor would not take instructions from a complete stranger who would have no knowledge of the deceased and estate enough to provide all the details necessary for the notice. There will be the situations where a deceased knows nobody and they were destitute and in that case a concerned neighbour or random person may give notice. Amy clarification please do not hesitate to send your follow up question, I am glad to guide you further. All the best.
Hi, if you can explain who the client is and what are they being taken to court for then I may be able to guide you specifically on your facts as opposed to generally. As this does not appear to be a hypothetical question it’s best to say what happened and I can give you the direct answer on whether I feel the solicitor may have been negligent
Good afternoon thank you very much for your detailed information. Ultimately both solicitors only owe their duty of care to their clients so unfortunately the information you are asking they have no professional or legal obligation to disclose. All solicitors we are bound by the code of conduct and we must conduct due diligence with each new instruction. Each firm has its own criteria for what satisfies their obligation and unless you are the client they will not tell you what checks they made and you cannot sue them gif negligence because they were retained by somebody else. Your focus perhaps should have been to get that person removed as executor on the basis they do not have the estate best interests to heart and appear to be doing what benefits them individually and not honouring the deceased’s wishes. All the best.