Draftsmans Duty Of Care In The Preparation Of A Will Essay

Draftsmans Duty Of Care In The Preparation Of A Will - Essay ExampleIn this context the common virtue development of rules which gives the draftsmans duty of care in preparation of a lead has been discussed within the context of cases.The analysis is focused on identifying the solicitors duties and responsibilities in preparing a pull up stakes for the clients. Various aspects of preparation of a legal document highlight the significant role of the solicitor who has the duty to adequately represent the testators intentions and wishes through the legal document. The miscellaneous types of the draftsmans duties in preparation of a will are discussed in the changing contextual situations of family businesses, mutual or joint will, and breach of duty such as errors or delays. Identifying grammatical and omission errors, providing legal advice to clients, severing joint tenancy and adequately representing a testators wish in preparing a will are virtually of the broad issues of draft smans duties in preparing a will. This discussion is focused on identification of the various types of errors, issues concerning negligence of duty on the part of the solicitor and the possible contextual factors that can lead to these errors or failure to perform the duties.The methodology adopted for this purpose include sear... Databases such as lexisnexis, bailli, zetoc and westlaw were searched with terms as draftsman common law preparation of will solicitor duties and several cases were laid and have been included in this study. The studies obtained were then selected to adequately represent the research focus on identifying the draftsmans duties and responsibilities in preparing a will. The studies were analysed using a qualitative analytical approach from the Kerridge and Brierley (2003) framework of draftsmans errors and legal provisions of family law (1992). The aim of the study is to delineate the general rules of draftsmans duty of care in preparation of a will and the various legal aspects that defines a solicitors responsibilities and the way he carries out these responsibilities. Draftsmans Duties in Preparation of a WillIn preparation of a will, in summing up to a general common law framework, trust law, succession law and tax law may have to be considered. A critical judgement of the clients needs and the words that would meet the clients demands are considered in legal construction and consequences. A new trust deed may begin by choosing a precedent which appears to be the closest to what is required2. If a will or a trust does not meet clients needs, then new words will be required. In case of divorce, the divorcing spouse is a beneficiary and also the children in case of deceased. There has been in recent years an increased emphasis on understanding of law relating to revocation or cancellation of wills. Wills can be lost or misplaced, and this may be a problem if the testator has died in all way. It should also be evident that the will has not been destroyed as given in the case Hacquoil v Imperial Cancer Research (2003 JRC 163).