Risk and Negligence in Wills, Estates, and Trusts, 2nd Edition

• The only book to provide a comprehensive survey of safe practice and control of risk involved in wills, trusts, and estates
• Gives practical guidance on avoiding the pitfalls when drafting wills, and administering estates and trusts, especially in specilaist areas such as tax
• Takes a practical approach to procedures by covering processes step-by-step and includes sample forms and checklists
• Includes consideration of the Supreme Court decision in Marley v Rawlings [2014] UKSC 2

New to this edition

• Includes the Supreme Court decisons in Pitt and Futter on claims against professional advisers, and expert commentary on important decisions from the Court of Appeal, such as a review of the basis of the Rule in Parker v Felgate
• Provides detailed assessment of the encroachment of divorce and pre-nuptial agreements into estate planning
• Contains greater examination of the will instruction process

Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work.

This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. 

Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.

Readership: Primary: Solicitors and barristers engaged in contentious and non-contentious trusts, estates, and negligence work. Secondary: Trust practitioners, private bank staff, and accountants working in trusts and estates work; professional indemnity insurance staff.