Draftsmans Duty Of Care In The Preparation Of A Will Essay

Draftsmans Duty Of Care In The Preparation Of A Will - Essay Example In this context the common law development of rules which gives the draftsman's duty of care in preparation of a will has been discussed within the context of cases. The analysis is focused on identifying the solicitor's duties and responsibilities in preparing a will 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 testator's intentions and wishes through the legal document. The various types of the draftsman's 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 testator's wish in preparing a will are some of the broad issues of draftsman's 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 t o 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 located and have been included in this study. The studies obtained were then selected to adequately represent the research focus on identifying the draftsman's duties and responsibilities in preparing a will. The studies were analysed using a qualitative analytical approach from the Kerridge and Brierley (2003) framework of draftsman's errors and legal provisions of family law (1992). The aim of the study is to delineate the general rules of draftsman's duty of care in preparation of a will and the various legal aspects that defines a solicitor's responsibilities and the way he carries out these responsibilities. Draftsman's Duties in Preparation of a Will In preparation of a will, in addition to a general common law framework, trust law, succession law and tax law may have to be considered. A critical appraisal of the client's needs and the words that would meet the client's 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 client's 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 any 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).