We are fortunate to have had some extremely competent trainees in recent years.

However, even those who have taken the wills option at law school come poorly prepared to advise a client and draft their will.

A current trainee has shown me her will-drafting handout and tells me that the total time the course gave her on wills was two lectures and four hours of seminars (tutorials). There is also some relevant material on trustees’ powers in the trusts section of the course, and, separately, on tax planning.

There is reasonable cover of what might be called internal matters (precedent clauses, due execution, powers, validity, capacity, solicitors’ duties). However, there is very little indeed on at least two crucial areas in practice:Surely the legal profession should put its house in order in this respect as soon as possible, given the likelihood that will-writing will become a reserved activity.

  • A thorough taking of the client’s instructions with background information on their own and family circumstances, any likely dependants, plans and hopes for family, possible claims, arrangements for children and other dependants post-death, and so on. Tiny references only are made to these things, which are so important both for the client, and for the solicitor to be able to advise properly, especially following recent decisions RSPCA v Gill and Key v Key; and
  • Executors: some reference is made to duties but nothing to suitability of the persons chosen generally and in the context.

David D C Monro, Monro Fisher Wasbrough, London WC1