GOLFAC
Greeting
Open question
Listening
Fill in the details
Advice
Closing
Strong open question
“What are the issues that brought you here today?”
Strong question to ensure you’ve covered everything
Are there any other specific concerns that you wish to raise?
What client care issues need to be covered in the interview?
- Cost of the interview, hourly rates and potential fixed fee/fee estimate
- Estimated timeframe
- Client ID: we need to see the original
- Contact details for us and for the client
PCON issues to look for
- no ID with them;
- contract race;
- acting for buyer and seller;
- source of wealth;
- reasonable adjustments required;
- undertakings;
- capacity
Ethics
- Act with integrity, honesty, independence
- Always act in best interests of the client
- Do NOT make misrepresentations → cannot tell the client they have good chances of success at trial if they don’t
- Be an ethical negotiator
Examples of reasonable adjustments
- Blind client → suggest enlarged font or braille;
- Suggest reasonable adjustments for clients with mobility issues attending court
- Translator
Questions to consider re validity of a will
- Is knowledge and approval assumed?
- Did the testator have capacity? Is there any reason to doubt capacity?
- Did any of the beneficiaries act as witness?
- Was it duly witnessed?
- Were any of the gifts altered/amended?
- Are the alterations valid?
- Did they have previous Wills? Have they included a revocation clause?
- Is there anything to suggest the Will is forged?
Questions to consider re executors
- Is a divorced partner allocated as an executor in the will?
- Can one executor act alone? Are there minor beneficiaries?
- Do any of the executors wish to renounce their executorship? Have they intermeddled? Would they like to renounce or reserve a power?
Questions to ask re beneficiaries
- Are there minor beneficiaries?
- Are all of the beneficiaries alive?
- Are any of the beneficiaries missing?
- If any of the beneficiaries died, were their interests contingent?
- Is anyone excluded and could they bring an IPFDA claim?
Considerations re the deceased’s estate
- Did the deceased own any property abroad?
- Any debts?
- Lifetime gifts?
- Trusts?
- Did the testator own the gifts mentioned at their date of death? Will any of the gifts adeem?
- Are there any pending payments?
- Are there any policies that are payable to the estate?
- Did they own any property? Was it held jointly or as tenants in common?
- Pension arrangements?
- Bank accounts? How much money?
- Did they give away any of the gifts made out in their Will before their death?
- Did they make any DMCs?
- Had they contemplated their death or was it sudden?
Questions re IHT status
- Does their estate fall within the NRB?
- Had they made any lifetime gifts?
- Any express provisions re payment of IHT? Are gifts made free of IHT?
Qs to ask for an IPFDA claim
Did the deceased die domiciled in England and Wales?
Does the client qualify as an applicant?
Has the grant been issued, and if so when?
Is the client receiving some or nothing at all under the will/intestacy?
If not, has the deceased explained the reasons why?
What is the financial position of the applicant?
Did the deceased have any moral obligations towards the applicant?
What is the size and nature of the estate?
Does the applicant have a physical or mental disability?
Are there any other factors that may be relevant in this particular case?
Advice to give to a client on how to execute a Will and the considerations to think about before doing so
- appoint at least one executor
- include clause appointing guardians to look after children after the death of both parents
- explain what it means for gifts to minors to pass on the statutory trusts → what does this mean? Effectively, they can’t access the property. Trustees (the PRs) will be in control.
- include substitute beneficiaries to prevent lapse
determine who should bear the burden of any IHT payable, including costs and charges
determine where payment of debts and liabilities are to be from - include substitutional gifts to avoid partial intestacy
- include survivorship clause if testator and beneficiaries are involved in a common accident
- the importance of a Will and intestacy rules
Important things to explain to a client re IHT
- IHT charged on death and on some on lifetime gifts.
- Relevant exemptions and reliefs
- Rates of tax: NRB £325,000, RNRB £175,000; IHT balance taxed at 40%.
- Effect of lifetime gifts - PETs and LCTs.
How to communicate with clients with learning disabilities
- use short sentences, one idea at a time, in a logical and clear order
- repeat yourself as needed
- ask short, simple, open questions
- send copies of letters and documents to the independent advocate so they can explain them to the client
- could send a document of questions to the client before the meeting
Reasonable adjustments for a blind client
- Would it be helpful for the client to record the meeting?
- How would they prefer you to contact them?
- enlarged font / braille
Bereaved client
- Do not press ahead with your questions while the client is showing signs of distress
- Allow the client time to gain composure
- Check with the client if they want to reschedule the meeting
- Show empathy with the client’s situation and distress
- Reassure the client that you will include everything you have covered in a letter, in case she is too upset to take in any advice
Unpredictable/unreasonable client
- Diffuse the situation by explaining the relevant law and applying it to their situation, while acknowledging how they feel
- If it raises SRA code of conduct issues for the solicitor, you can explain why you are not in a position to act
Rather than suggesting an IPFDA claim (litigation should be a last resort), how could you advise the beneficiaries if someone thinks that they have received an insufficient amount?
Negotiate, avoid court
