What are a solicitor’s professional obligations when instructed to prepare a will containing potentially offensive or defamatory words? Is it wiser for a testator to hold their tongue? And when you act for a person who is the subject of such words, what hope do you have of preventing them being published in the public document that is the Grant of Probate? This paper considers two hundred years of case law, Conduct Rules and common sense in aiming to provide answers to these questions.
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