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SOLICITORS’ DUTY OF CARE – CAPACITY - THORPE V FELLOWES SOLICITORS LLP [2011] EWHC 61

FEBRUARY 8TH 2011 | 02:43 TAGS: WILLS

A trainee solicitor was instructed to sell Mrs Hill’s property in a private sale for £145,000. Originally this was on the basis that her daughter would then join her in buying an alternative property. What onus is there on the solicitor’s firm to establish a person’s capacity to enter into contracts in such circumstances?

The recent case of Thorpe v Fellowes Solicitors LLP [2011] EWHC 61 provides some answers.

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