Risk and negligence in wills, estates, and trusts / Martyn Frost, Penelope Reed [and] Mark Baxter.

Oxford ; New York : Oxford University Press, 2014.

2nd edition

84522

Trusts and trustees -- England.

Trusts and trustees -- Wales.

Negligence -- England.

Negligence -- Wales.

Estate planning -- England.

Estate planning -- Wales.

Wills -- England.

Wills -- Wales.

A. B. C. D. E. F. A negligence and will preparation

The process of will preparation

Administration of estates and trusts

Taxation

Litigation

Statutes and appendices.

The experience of the United Kingdom will continue to be an invaluable resource to practitioners in the area of wills and estates. The authors have comprehensively dealt with the issue of negligence in the context of will preparation with a detailed analysis of cases such as Ross v. Caunters and White v. Jones. There is analysis of wider issues of the duty of care, for example, that the duty of care may well not extend to persons or a class of persons that the solicitor is not told about and also the obligations on a wronged beneficiary to mitigate their loss. A large part of the text is taken up with discussion of the administration of estates and trusts. Here the focus is to improve practices so as to avoid the risk of negligence claims and disputes regarding the administration of an estate or trust. The text contains a number of useful appendices, for example, "information needed in an emergency will pack". This is in essence a list of things necessary for the practitioner when called on to prepare a will urgently. The text stands out because it analyses the nature of a solicitor's exposure to liability in the context of will preparation and the subsequent administration, but also provides practical advice on how to establish good practices to minimise such exposure.

Detailed table of contents available via online link.

Table of contents and index are taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9780199672929

xliv, 504 p. : ill ; 25 cm