In a continuing series, the Law Society's practice advice service offers guidance on a range of issues


Q. My client is buying a house and has asked me to complete the stamp duty land tax form on his behalf. Must I obtain his National Insurance number to enable me to complete the form?



A. No, the number is not essential. Revenue & Customs has produced guidance &150; 'How to complete your Land Transaction Return' (see paragraph 50) &150; which is available at www.hmrc.gov.uk/so/sdlt6-0705ims.pdf.





Q. I am instructed to act for a company in civil proceedings. Who may sign the statement of truth on behalf of the company in its statement of case?



A. One option is for a person holding a senior position in the company, such as a director, treasurer or chief executive, to sign on behalf of the company (see Civil Procedure Rules (CPR) practice direction 22.3.4). In addition to signing the statement of truth, the person must also state his position or role in the company, and sign and print his own name, and not the name of the company on whose behalf he is signing (see CPR practice direction 22.3.9).



Alternatively, as the company is legally represented, the legal representative may sign on the company's behalf.



See the Law Society's publication, 'Execution of documents', which is available from the Law Society bookshop (tel: 020 7320 5640).





Q. I am a solicitor and would like to qualify as a notary. How do I go about this?



A. You must obtain a post-graduate diploma in notarial practice from the University of Cambridge Institute of Continuing Education. The diploma is primarily offered through distance learning with required attendance at an induction day and a notarial practice weekend. Candidates must then acquire a 'faculty' from the master of faculties, who must be satisfied that the candidate is of good standing.



Further information is available on the Notaries Society's Web site. Visit: www.thenotariessociety.org.uk.





Q. Can a bill of costs include unpaid disbursements?



A. Yes, but only if the unpaid disbursements are described in the bill as not yet paid. The deficiency can lead to difficulties to these items if they are challenged on a later assessment.



One solution would be to ask the costs judge for an adjournment, apply to the court for leave to withdraw the entire bill and redeliver it (but there is a risk that you may be ordered to pay all the costs thrown away) and deliver a fresh bill (see section 67 of the Solicitors Act 1974).



It should be noted that in Tearle & Co v Sherring [1993], unreported, QBD, Mr Justice Wright held that where a solicitor has acted in good faith but inadvertently omitted to describe the disbursements as unpaid, the court not only had the power to give him leave to withdraw his bill and deliver another one, but to save costs it could, in an appropriate case, give leave to amend his bill by adding the words 'unpaid'. However, you should err on the side of caution and describe unpaid disbursements as 'unpaid' in the bill.





Q. I have been instructed to prepare a will on behalf of a client who is adamant that she does not want to make any provision for her daughter. I am concerned that the daughter may have a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975. What should I do?



A. If you fear a claim under the Act but your client does not wish to make provision for the potential claimant, she should be encouraged to leave a memorandum with the will explaining why no provision was made, unless your client's reasons for making no provision are unreasonable, in which case the memorandum could do more harm than good.



There appears to be a trend in actions under the Act towards the introduction of parallel claims - such as proprietary estoppel, declarations as to beneficial interests, mutual will obligations, and claims based on a contractual relationship with the deceased - to bolster inheritance claims. Such claims are based on a combination of the deceased's intentions and of fact. The claim will only be made after the deceased's death. Often there are no independent witnesses, so the surviving claimant is free to give their version of the deceased's intentions, unchallenged.



With this in mind, it may well be appropriate for a detailed attendance note of the initial instructions to be copied to the client with the draft will. The client should be asked to confirm that the attendance note details are correct when confirming instructions to engross the will. The attendance note should be kept, as with any memorandum, with the will. At least, then, there is an accurate record of the testator's intention.



See the Law Society's Probate Practitioner's Handbook (4th Edition) available from the Law Society bookshop.





This column is compiled by the Law Society's practice advice service, tel 0870 606 2522, e-mail: lib-pas@lawsociety.org.uk. Comments relating to the questions should be sent to Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL. The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission. Readers should bear in mind that this publication is intended for information purposes only and should not act on the basis of the information provided without verifying it first