Risk and Negligence in Wills, Estates, and Trusts

by Frost, Martyn; Reed QC, Penelope; Baxter, Mark

• ISBN13: 9780199551606
• ISBN10: 019955160X
• Additional ISBN(s): 9780191653605
• Format: Hardcover
• Copyright: 2009-06-15
• Publisher: Oxford University Press
• More Book Details
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Summary

In recent years, there has been a dramatic increase in litigation against those who draft wills and trusts. There is significant potential for client dissatisfaction and for claims to arise out of drafting errors; failure to follow instructions; delays and missed critical dates; failure to anticipate risks and to protect the client; errors and omissions in examining and reporting on documentation; incorrect advice as to the law; fraud and dishonesty; and loss of documents. In addition, the book examines how far is it appropriate to ensure that an estate is administered properly. This book offers a detailed examination of the law relating to negligence as it applies to the preparation and administration of wills, trusts, and estates, as well as offering extensive coverage of the relevant taxation issues. This work contains indispensable practical guidance, tailored to meet the demands of contentious solicitors and barristers involved in resolving disputes, and non-contentious solicitors and trust practitioners who want to establish best practice to prevent disputes over wills, trusts, and estates. It includes advice on best practice, explaining how to undertake this work effectively and to maintain an adequate control of risk, in the form of procedures or actions broken down into step by step processes, checklists, and example forms and controls. It contains an overview of the principles and procedure relating to these actions. It also provides appendices of forms, precedents, and checklists. The book expands on Martyn Frost and Penelope Reed's previous book, With the Best Will in the World, (Legalese, January 2002) which was short-listed for the 2004 High Nets' Private Client Book of the Year.

Author Biography

Martyn Frost is a Consultant with Lane-Smith and Shindler in Manchester. Until 2005, he was Head of the Legal Department at Barclays Bank Trust Company, where he dealt with estates and trusts issues. He also has his own consultancy company which provides expert evidence reports on trusts and estates issues. He is co-editor of Trust Quarterly Review and Wills and Trusts Law Reports. Penelope Reed is a barrister at 5 Stone Buildings, and has a chancery practice with a special emphasis on trusts, wills, contentious probate, family provision claims, and tax. She is also the co-author of a number of titles in the area. Leon Sartin is a barrister at 5 Stone Buildings, and has a chancery practice covering all areas of contentious and non-contentious personal tax, trusts, and probate work, and related professional negligence matters. He is a contributor to Heywood and Massey on The Court of Protection and Underhill and Hayton on The Law of Trusts and Trustees.

Table of Contents

Law regarding negligence and preparation of wills

Practice

ActionsEstates

Law regarding conduct of personal representatives and their liability for breaches of duty of care

Practice

ActionsTrusts

Law regarding conduct of trustees and their liability for breaches of duty of care

Practice

ActionsTaxation and administrationg of estates and trusts

Taxation advice and the conduct of taxation matters in administering estates and trusts

Practice

ActionsConduct of an Action

Appendices

Table of Contents provided by Publisher. All Rights Reserved.