The Legal Advice and Assistance (Scope) Regulations 1989

Wills

4.—(1) Except as provided by paragraph (2), advice and assistance in the making of wills are excluded from Part III of the Act.

(2) Advice and assistance in the making of a will are not excluded by paragraph (1) from Part III of the Act where they are given to a client who is–

(a) aged 70 or over; or

(b) blind (or partially sighted), deaf (or hard of hearing), or dumb, or who suffers from mental disorder of any description, or who is substantially and permanently handicapped by illness, injury or congenital deformity; or

(c) a parent or guardian within the meaning of section 87 of the Child Care Act 1980(1) of a person to whom any description in (b) applies, where the client wishes to provide in the will for that person; or

(d) the mother or father of a minor who is living with the client, where the client is not living with the minor’s other parent, and the client wishes to appoint a guardian for that minor under section 4 of the Guardianship of Minors Act 1971(2).

(1)

1980 c. 5

(2)

1971 c. 3.