Greater control and greater responsibility for solicitors
The recent case of Hughes v Pritchard [2022] EWCA Civ 386 (read the whole case here) brings some clarity to the rules around testamentary capacity and wills. The Court of Appeal have given extra weight to the testimony of a qualified legal professional when preparing wills.
The good news is that the Courts seem increasingly inclined to trust the professional judgement of a solicitor preparing wills. The bad news (for solicitors) is the extra burden this places on the legal advisor. The counter-argument is: a solicitor is not a medical professional so should they have the final say on whether a client has capacity?
In the current situation legal advisors have to be more careful than ever. It seems increasingly likely that solicitors’ judgement calls will have more weight. A solicitor could therefore be on the hook to a disgruntled beneficiary (or potential beneficiary) if there is doubt as to the solicitor’s judgement call.
Capacity Vault has been created to answer just this issue. When a client makes a Capacity Vault recording the eventual question of capacity can be examined by the courts. By seeing our contemporaneous recording the courts can make their own decision, on the facts, as to the client’s capacity. We use every technological advantage available to ensure recordings are stored indefinitely (expected recording life in excess of 50 years) and we use aspects of AI and blockchain technology to ensure recordings are tamper-proof and available to all parties of a dispute in a form the courts will accept as evidence.
