In this discussion “Draftsman’s Duty of Care in the Preparation of a Will” several cases of English law having implications for draftsman’s duties in preparation of a will are highlighted in detail. The draftsman’s duties are categorized as errors in the documents…
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 to perform the duties.
The methodology adopted for this purpose include searching legal journals and law journal databases to locate cases associated with the failure of draftsman’s responsibilities and liabilities of the draftsman. 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. ...
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