Risk and Negligence in Wills, Estates, and Trusts
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 6 March 2014
- ISBN 9780199672929
- Binding Paperback
- No. of pages560 pages
- Size 246x169x29 mm
- Weight 870 g
- Language English 0
Categories
Short description:
This fully-updated edition of Risk and Negligence in Wills, Estates, and Trusts provides invaluable guidance to all involved with wills, estates, and trusts as well as advisers and professional negligence insurers and litigators. It offers practical advice on best practice in will preparation and extensive coverage of developments in the field.
MoreLong description:
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.
Table of Contents:
Part A: Negligence and Will Preparation
An Introduction to Tort
The Duty of Care in Relation to Will Preparation
Other Aspects of the Duty of Care
Part B: The Process of Will Preparation
Client Issues
The Will Draftsman
Instructions, Preparation, and Execution
Other Issues
Risk
Part C: Administration of Estates and Trusts
Introduction and New Business
Neutrality of PR and Trustees
Administration Processes
Timing
Assets
Distributions
Powers and Duty of Care
Part D: Taxation
Wills and Tax Advice
Tax in the Administration of Estates
Tax and Trusts
Tax Advice during the Lifetime of the Client
Part E: Litigation
Introduction and Procedure
Limitation
The Assessment of Damages
Mitigation and the Interrelation with Other Claims
Part F: Statutes and Appendices
Wills Act 1837
Trustee Act 2000
Will instruction form
Execution of a will
Information needed in an emergency will pack
Administration of estate progress sheet
Estate account checklist
