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Find out the latest case developments in elderly client law

6 December 2001

1. Wills: Hooper v Fynmores (ChD), 23 May 2001

The Times, 19 July 2001

When dealing with an elderly client in hospital who had given instructions for the preparation of a new will, a solicitor ought to keep an appointment for the execution of the will and not cancel it for his own convenience unless it was clear that the client was content for the appointment to be missed.

Facts:  The deceased wished to change his will and gave instructions to one of the defendant’s partners (‘F’) whereby his niece H would receive an additional one-eighth share of the deceased’s estate. On 3 September F sent the deceased a draft of the new will for his consideration. On 5 September the deceased returned the draft with certain amendments, which F incorporated into a revised draft and returned to the deceased with a request for instructions on what arrangements were to be made for procuring the execution of the will. On 8 September the decea...

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