Your correspondent fosterlaw is quite right. The other side of this coin is that we expose ourselves to disappointed beneficiaries

if a will is not upheld. Why should we make the effort to go to a hospital and obtain instructions, go back to get a will executed and then be paid very little for all the risk?

If it is the High Court’s view that a doctor should always be involved to confirm capacity then, in our experience, it is very difficult to get doctors to do so. My inclination would be to tell the client that we are not able to attend clients other than in our offices.

This is an area where the High Court ought to be supporting solicitors. If an experienced solicitor, legal executive or paralegal takes the view that the client has capacity, then the High Court should be supporting us. Otherwise, people in hospitals, nursing homes and the like will not see their wishes implemented.

 Andrew S Montlake, H Montlake & Co, Ilford