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Section 68 Letters

The Complaints and Client Relations Committee wishes to remind practitioners that the definition of ‘client’ in the Solicitors (Amendment) Act 1994 includes “a beneficiary to an estate under a will, intestacy or trust”. Accordingly, beneficiaries are entitled to receive a section 68 letter.

For the guidance of the profession, it should be noted that, when considering complaints from beneficiaries who complain to the Society that they did not receive a section 68 letter, the Complaints and Client Relations Committee acknowledges the distinction between those beneficiaries out of whose share of the estate costs will be deducted (usually sole or residuary beneficiaries) and any other class of beneficiaries.