Where a firm holds mirror wills of former joint clients as bailee, and did not act in the preparation of the said wills, a firm will not be conflicted in acting on the instructions of a single former joint client to alter one of the wills in a manner that is adverse to the interest of the other former joint client.

A firm previously acted for a couple in a limited joint retainer for property matters, and was then requested to retain the clients’ wills for safekeeping. The firm was aware that the clients had prepared mirror wills and the firm held these as bailee. The firm sought an Ethics Committee ruling to establish whether there was a conflict of interest in accepting a retainer to prepare a new will for one of the former clients, that was adverse to the interests of the other former client.

In the opinion of the Ethics Committee and on the information provided;

1. The firm acted for former joint clients in relation to limited property matters.
2. The firm did not act for their former joint clients in preparing mirror wills, and hold these documents for the clients as bailee.
3. The firm does not have a conflict of interest in accepting instructions from one of the former joint clients to prepare a new will.
4. The firm does not have an ongoing duty of care to the other former client.