Draftsmans Duty of Care in the Preparation of a Will - Essay Example

The Common Law Development of Rules Covering a Draftsman's Duty of Care in the Preparation of a Will Summary: In this discussion, several cases of English law having implications for draftsman's duties in preparation of a will are highlighted and examined in detail. The draftsman's duties are categorised as errors which he makes in the documents, legal errors due to inadequate knowledge or delays in actual preparation of the will for which he may be held responsible. Solicitors are responsible for proper preparation and execution of the will and in case of legal disputes should be able to guide the clients with the legally available options for better advice to clients. The cases discussed here relate to the draftsman's duties and responsibilities as in case of severing agreements in mutual wills or showing legal loopholes in family succession of business1. 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. Introduction and Methodology 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. 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). The other problems with drafting of wills could be suggested when wills are rendered inoperative due to careless actions or mistakes within the will and this has occurred quite often. Holograph wills are handwritten or typed wills which are known only to the testator and may not have a witness. As these wills are home-made, they may be subject to disputes related to facts and intentions of the testator even if they are signed and dated. This can lead to long term court cases in administering the property of the deceased. In one case of revocation of will by a dependent relative, the Representation to the Court in Re Bull (1999 JRC 145) could be cited. Mr. Bull made a will in his own handwriting in 1991, which could be considered as a holograph will. After his death, the original will could not be found, although he had sent copies of the will to his relatives. Before he died, he had intended to make a new will but his plans did not materialise. He had intended to write a holograph will but did not complete. In this holograph will, he began by a revocation of the previous wills to show that the new hand written Will should be followed but this will could not be found. The Court ruled that Mr. Bull could not have intended to die and invoked the previous will, on the basis that the revocation could not take effect or materialised as the consequences were not ultimately intended by the testator. The Court accordingly admitted a photocopy of the 1991 will and the holograph will which was not found was not applicable3. In preparation of a will, it is the draftsman's responsibility to see that all errors in the will are avoided. Kerridge and Brierley (2003) discussed a case in which after a testator died in 1983, there was no general power for a court to rectify his will. The Courts of Equity have the power to rectify documents such as conveyances which did not record what has been agreed by parties. Rectification could also be done for voluntary settlements and a settler could obtain rectification by proving that the settlement did not represent his true intention. However it is generally believed that the equitable doctrine of rectification does not apply to wills. However, the court might attempt to effect rectification indirectly if it is clear from the language of a will both that the words in the will did not represent the testator's true intention and depending on what his intention was, words could be omitted, changed or inserted as per the Court's attempt for rectification. The first type of mistake in preparing a will helps understand his instructions knows his words he has used in the will, the draftsman chooses the words which are appropriate to carry the testator's instructions into effect. These words have to be chosen appropriately and the draftsman knows that the testator wants to benefit only by legitimate issue. For instance, the Family Law Reform Act 1969 signified that a gift to grandchildren could mean both legitimate and illegitimate grandchildren. So the words should adequately reflect the testator's instructions as also the comprehensive legal implications. Any drafting error could create problems of construction or interpretation. This first kind of drafting mistake in preparation of a will relate to mis-understanding, misinterpretation and inappropriate use of words. The second type of mistake relates to clerical error. The draftsman understands the instructions of the testator, but, because of a typing error, produces a will which contains a legacy of 1,000 to X, for instance or a very small sum or no legacy to X at all4. There may be a third kind of mistake, in which there is a failure to understand instructions. This goes beyond choosing inappropriate words or making a clerical mistake. The failure to understand testator instructions can lead to a completely different or inaccurate will from that originally intended by the testator. Citing an example of this type of mistake, Kerridge and Brierley (2003) state a case in which a testator intended to give X a legacy of 10,000, but the solicitor thought that the testator intended X to have only 1,000, or that the legacy of 10,000 was intended for Y5. The fourth category of mistake as mentioned by Kerridge and Brierley represent a condition in which the draftsman fails to take instructions from the testator in relation to a particular point and also fails to ask sufficient questions to clear the doubts and come out with a clear will representing the wishes of the testator6. For instance if the testator makes a will leaving everything to his wife, and the draftsman fails to ask what will happen if she predeceases him, then it is the draftsman's fault for not asking sufficient questions to present a clear will. The failure to come out with a comprehensive instructions, failure to take instructions or clear all loopholes or doubts within the will can amount to negligence depending on the circumstances of individual cases. The fifth and foal type of error that a draftsman can commit is related to the legal error when the draftsman attempts to do something or does something within the will which the law does not permit. This is when the draftsman is not fully aware of legal circumstances of some of his statements which may be interpreted differently due to the associated legal errors. For example if a draftsman makes a mistake in relation to the Rule against Perpetuities or in relation to the Rule against Perpetual Trusts then this would be considered as a grave legal error within a will or trust document. Although the different types of mistake that a draftsman can make are distinct, it is important to examine how these documented errors could be corrected or modified to rightly reflect the testator's wishes. Any error that has been made in drafting a will could be considered as made in negligence. Thus a non-negligent error will be a contradiction of sorts as the failure to understand a testator's instructions or committing legal errors are the draftsman's faults as it is the draftsman's duty to 'ensure that he understands precisely what the testator intends to achieve by his will, and then to draft the will so as achieve the testator's wishes, so far as the law permits'7. Considering an instance of family Law it has been stated that Under the Law Commissions Act 1965 it is important to review each area of law "with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments and generally the simplification and modernisation of the law.8" Family law applies to cases of inheritance, drafting wills and succession laws and simplification and modernisation of such related laws can only help to provide an indication of the applicability of such laws and the responsibilities of a draftsman in being completely updated on obsolete laws and modifications. Some of the main cases in which a draftsman's role has been considered important in determining the consequences are given here. In the Chappell v Somers & Blake Chancery Division [2003] EWHC 1644 (Ch), [2004] case the claimant was the sole executrix of the deceased person's will and the defendant's firm of solicitors has been asked to administer the estate that included two vacant properties. In this case, the claimant, Marceline Ann Chappell, acting in her capacity as executrix of the will of Nellie Ivy Price, deceased, claimed damages against the defendant firm of solicitors, Somers & Blake, for losses sustained by the deceased's estate as a result of the solicitors' breach of duty and/or negligence in the winding up of the estate in accordance with their obligations given in January 1996, alleging that the solicitors' delay had caused the estate's assets to earn no income9. Over a period of five years, the properties remained vacant and the claimant terminated the retainer and after obtaining probate, distributed the estate according to the will. The solicitors were alleged of breach of contractual duties and claimed damage with loss to the estate as the properties could not bring her income at the time. The solicitors argued that any loss of income had been suffered by residuary legatee in her capacity as executrix of the estate and not by the claimant. However this case suggests that considering that the breach of duty of the solicitors to the claimant as executrix of the will and owner of properties throughout the period of breach had caused loss of income attributable to them, the claimant should be competent to bring the claim in respect of that loss on the basis that she would account to the residuary legatee for any damages awarded. Thus the solicitors claimed that loss of income if any amounting to damages has been suffered by the beneficiary and not by the estate. In this context the law of intestate succession could determine how the estate of a person who did not leave a will or did not distribute a will could be distributed among his claimants. Johnson and Robbennolt (1998) have highlighted how legal researchers have tried to establish the best way to infer the donative intent of persons who die intestate or unprepared with a will. In this study, Johnson and Robbennolt consider the usefulness of two methods of social research that inform intestacy law using studies and interviews with living persons on estate distribution. Studies failed to reflect the wishes of unmarried committed partners in sharing their estate. There has been a demonstrative close correspondence between the respondents' actual wills when they had them and the distributive preferences depending on hypothetical scenarios10. Sources of social scientific evidence and results obtained from surveys and interviews have been considered as useful in informing on the law of intestacy. The importance of the deceased's will could be highlighted within the clauses of Family law considering the conditions of intestacy and the question was raised whether a surviving cohabitant should succeed on intestacy to his or her deceased partner. This could be considered while determining factors such as long and short term cohabitations, and presence of child in the relationship and in cases in which the deceased has not been survived by relatives. There has been in general a support for intestate succession rights for a cohabitant if the cohabitation had lasted more than ten years and had been terminated by one parson's death. In cases of long term cohabitation, moist cohabitants are allowed to have rights of succession unless there is a surviving spouse. However there may be spurious claims or difficulties in proving the duration of the relationship. In certain cases a long standing cohabitant is preferred to a long separated spouse. In case of no will or disputed cases, it has been generally preferred that a cohabitant with children should naturally hold the rights of succession to the deceased's property. However clause 16.27 of the family law states that if the deceased's will left the property to someone else, the cohabitant would lose any legal rights on the property11. Despite this, the cohabitant may be able to claim some financial provisions on the deceased's estate and from a public opinion survey taken it is generally supported that a surviving cohabitant should have some claims to the deceased partner's estate despite his or her omission from the will. However the cohabitant should not be given the right to claim legal share of the deceased's estate if it is clearly mentioned in the will that the cohabitant is exempt from such claims. The Court however could have discretion on a cohabitant's claim despite opposition to the terms of the will. Discretionary provision has thus been a favoured system although it has been pointed out that the date of the will is a significant factor in relation to the date of the commencement of cohabitation and a cohabitant should not be necessarily denied of claims on the estate simply due to omission from deceased's will. An omission of including a possible claimant is unlikely to be a draftsman's error or even a testator's error. Yet an omission in particular clauses or particular shares of property mentioned in the draft of the will could be made in error. The importance of the draftsman's duties on framing the wishes of a testator as legal clauses within a will is not just related to conditions of accuracy or error or even intestacy but has implications on succession in family business. Majority of legal cases, as pointed out by Kaslow (1998) deals with succession of family business as occurring within male lineage. In more and more studies, attention has been given to the role of women in family business and their contention for senior level positions although women as originators, initiators or CEOs of family businesses has got little or no attention from a legal perspective (Kaslow, 1998). Kaslow mentions that powerful women might have unique difficulties in designating their son as successor and there may complicated dynamics between mother/son/daughter-in-law and thus legal consultative strategies my have to be specific for such cases. Considering the complexity of such situations, the extended analysis of the draftsman's duties could be considered here as the draftsman would also be a legal consultant and show the pros and cons of the draft will and also suggest changes or point to the loopholes to make the succession of family business easier12. A comparative analysis between English common law and laws of other countries with regard to drafting of will, can be done. For instance, Carroll (2001) stated that many individuals consider that the Islamic law of succession could produce an inappropriate distribution of their estate. Carroll mentions that many methods have been tried to avoid the application of the law of succession to some or all property although these tactics may be inconvenient to the donor who donates or distributes the estate or they may not be relied upon. The transfer of property rights has been studied extensively and the donor is expected to enjoy the benefits of his property until his death and this is true in all legal systems. However the legal consultant could also enable secure transfer of property to chosen successors even by completely avoiding the law of succession13. This highlights the important role of a draftsman who is not only responsible for suggesting the draft to fit in the testator's wishes as also the legal frameworks available but can also draft wills in a manner that can help the testator to avoid certain evident legal pitfalls. Cassidy (2005) shows the advantages and disadvantages of a mutual will. Cassidy claims that although some legal practitioner's often draft mutual wills, others avoid advising clients to use such wills for fear of their uncertain legal effect14. Avoiding giving legal advise may be one of the failure of responsibilities of a draftsman and legal advisor. Cassidy points out that legal advisor's should be in an informed position to judge the suitability of the mutual will. It is important to understand the legal effect of mutual wills before advise on this could be given to clients. Mutual wills are binding and the key purpose of drawing up such a will is to make sure that property flows to the intended or agreed beneficiaries. Mutual wills are particularly relevant when property is jointly owned and distributed. In a case of error of the draftsman, Smeaton v. Pattison, a non-mutual wills case, the testator wished that his jointly owned property should pass to his children, rather than his new wife15. The solicitor drafting the will was held to be liable to the children as he did not sever the joint mutual will and the failure to sever of the joint tenancy meant that the entire property devolved to the new wife. The draftsman's responsibility in such cases becomes prominent as mutual wills may become invalidated after a person's death and the entire property may go to the joint testator of the will instead of as intended by the deceased. Joint mutual wills highlight the legal advisor's or draftsman's responsibility and duties especially if one of the testator remarries but has children from the first marriage. In the case of Carr-Glynn v. Frearsons (1999), the testator wished to bequeath her niece all property that the testator held and also wished to make her nephew as joint tenants. The solicitor drafting the will was held liable in this case to the niece as there was a failure in severing the joint tenancy and thus the property devolved to the joint tenant rather than as the testator intended. Joint tenancy should have been severed in the testator's lifetime which the draftsman failed to do and the mutual wills could be modified by severing any joint tenancy. However mutual wills are used to ensure an interest in joint property that devolves in a manner intended by the testator. In certain cases unmarried partners may have to sure that their property devolves to their partners rather than to family members as under intestacy law and in this case the draftsman may have to be particular responsible to assist in the devolution of property as intended. Both issue of devolution of property and severing joint tenancy are some of the major responsibilities of the draftsman of the will. Cassidy (2005) highlights the two cases of Smeaton v. Pattison (2002) and Caparo Industries Plc v. Dickman (1990) 2 AC 605 16 to show that the solicitors drafting the subject wills were held to be liable to the intended beneficiaries because they failed to sever the joint tenancy which meant that instead the property devolved to the joint tenant and not to the intended beneficiary. The courts have held that such a claim may be made brought by the deceased estate or the disappointed beneficiary. Cassidy points out that failure to draft an effective mutual will can bring in such liabilities as claims brought by the estate or supposed beneficiary who was wrongly denied of the property intended for him or her due to the draftsman's error or irresponsible handling of the case. The draftsman's responsibilities in preparation of a will thus extend beyond correction or modification of will or providing legal advice on the laws available. The draftsman is also responsible for updating the will before the testator's death in case of mutual or joint will so that the property could be claimed by beneficiaries other than the co-testator of the mutual will if intended. The practitioner's duties are however even wider and varied and the draftsman should not simply draft the wills and send them to clients for attestation. In Esterhuizen v. Allied Dunbar Assurance PLC23 [1998] 2 FLR 668 it has been asserted that for the solicitor, it is "not enough just to leave written instructions with the testator. In ordinary circumstances just to leave written instructions and to do no more not only would be contrary to good practice but also . negligent." 17 Thus the solicitor should, in addition to producing the document ensure that the client attests the document either in the solicitor's office or the client's home and ensure that the documents are properly attested. This is applicable to any will made or related documentation and is equally applicable to severance of joint tenancy or deed. In a significant case of White v Jones [1995], a solicitor accepts instructions to prepare a will for a client. In breach of professional duty to his client, the solicitor delays and due to his dilatory nature, the client dies before the will has been prepared as intended by the client. As reported for this case there was a family row in Mr. Barratt's family and in a spurt of anger Mr. Barratt made a will in which he cut out both his daughters from any claim on his estate18. However the row did not last too long and Mr. Barratt wished to change the will and destroyed his original will instructing his solicitor to make the changes to include his daughters in the new changed will. Mr. Jones the solicitor did not do anything effective about this at least for a month. Mr. Jones took an extended holiday and did nothing regarding the will. In the meantime, Mr. Barratt had a heart attack and died. The will and the letter of instructions for the new will were admitted to probate. The letter was not witnessed as required by the Wills Act, 1837 and as it was not witnessed and written by Mr. Barratt in private, it could not itself stand as a will19. Mr. Barratt's daughters claimed that Mr. Jones's inexcusable delay was the cause of them not having received a portion of their father's property. Since there is no will in place which Mr. Jones could have prepared, Mr. Barratt's daughters brought an action for damages on negligence on Mr. Jones part who did not fulfill the duties of a draftsman. In several other cases in which the solicitor has been sued for their negligence, delay or breach of duty, it has been stated in Robertson v Fleming (1861) 4 Macq 167 case that 'a disappointed legatee might sue the solicitor employed by a testator to make a will in favour of a stranger whom the solicitor never saw or before heard of, if the will were void for not being properly signed or attested'. Thus it is the solicitor's legal responsibility not only to prepare the testator's will on time and avoid unnecessary delay but also to get it properly signed and attested by the clients. The Robertson v Fleming (1861) 4 Macq 167 case establishes the third party right of suing solicitor on the basis of the law of negligence20. In case the estate suffers no loss, the parties can sue the solicitor or draftsman for professional negligence but cannot claim damages or losses due to the negligence. In a case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] important questions were raised as to whether and in what circumstances a person can recover damages for loss suffered by reason of his having relied on innocent but negligent misrepresentation carried out by the solicitor. The case was between advertising agents and merchant bankers highlighted the fact that in general an innocent but negligent misrepresentation gives no cause for action21. Thus avoiding misrepresentation and avoiding causing damages seems to be some of the primary responsibilities of a solicitor and the decision in Caparo Industries Plc v. Dickman (1990) 2 AC 605 emphasized on these duties. According to this case, it is the solicitor's duty to take reasonable care to avoid causing damage of a particular type to a particular person or class of persons and three factors are particularly important and this include forseeability of the damages that might happen, a close relationship characterized by the law as proximity or neighborhood and the situation must be fair and just and reasonable so that the law should impose the duty of the given scope upon one party for the benefit of the other22. The solicitor must be able to see that if he is unable to prepare the will as instructed by the client the disappointed beneficiaries may suffer financial loss as after the client's death as already discussed, nothing can be done to rectify the solicitor's mistakes and negligence. Any money paid to the client estate will not go to disappointed beneficiaries23. There are however relevant debates as to whether legal instructions would be different for preparation and execution of a will. In certain cases solicitors are completely responsible for legal instructions and execution of the will. Solicitors are also in certain cases, liable to a third party and it has been stated that it would not be fair or reasonable to impose liability on the solicitor in favour of the beneficiary. This would enable the beneficiary to seek benefits of claim for professional negligence for services from the solicitor under contract not made by him or no payment made by him. Considering the studies, cases, laws and statues described here, the solicitor's duties and responsibilities as a draftsman in preparation of a will as set by the English common law have been described and analysed in detail. The solicitor's responsibility to avoid damage in case of delayed will and providing adequate and appropriate legal instructions have been examined along with the necessity to avoid unnecessary errors in the legal documents. Conclusion: Several prominent cases have been analysed here to provide a comprehensive picture of the draftsman's duty in preparation of a will. The draftsman is responsible for providing the legal framework within which his client would be able to document his wishes in a structured format of a will. The draftsman has the duty to prepare the will according to the wishes of the client and in case of errors within the document, for which a beneficiary is exempt form the testator's property, the draftsman can be held responsible if the testator actually intended to include the beneficiary. The draftsman has the responsibility of showing legal loopholes and suggesting changes that are more appropriate considering the legal framework available. This is seen in a case when the solicitor plays a significant role in handing down family business from mother to son although there may be suggestions for avoiding legal implications of succession for an easier legal documentation. The significance of preparation of will before the client's death is highlighted as any delay on the part of the draftsman can lead to disappointed beneficiaries and the draftsman is liable to be sued for damages. In case of mutual or joint wills, the solicitor is responsible for severing of any previous agreement to allow intended beneficiaries to claim their part of the property. This essay highlights the draftsman's responsibilities in preparation of a will and identifies that the solicitor is prone to several kinds of errors that can range from simple grammatical errors in the document to major legal errors or errors related to incorrect representation of the testator's wishes. Solicitor neglect and delays as well as improper legal advice to clients can also have significant consequences with the draftsman liable to be held responsible for damages. Considering the crucial role of the draftsman as discussed in this study, the draftsman's duty of care seems to form the very basis of the legal process in preparation of a will. Bibliography Cassidy Julie. 2005. Exploring the Benefits and Pitfalls using Mutual Wills Paper presented at the Wills, Succession & Estate Planning Conference, Melbourne, Victoria, 15 March. Published in Deakin Law Review, 2005, Volume 10, No.1, p.121-139 Carroll L. LIFE INTERESTS AND INTER-GENERATIONAL TRANSFER OF PROPERTY AVOIDING THE LAW OF SUCCESSION Islamic Law and Society, Volume 8,Number 2, 2001, pp. 245-286(42) Brill Academic Publishers Caparo Industries Plc v. Dickman (1990) 2 AC 605 Carr-Glynn v Frearsons [1999] Ch 326; [1999] 2 WLR 1046; [1998] 4 All ER 225, CA Family Law [1992] SLC 135 (Report) (May 1992) (From Scottish Law Commission (Reports);) Chappell v Somers & Blake Chancery Division [2003] EWHC 1644 (Ch), [2004] Ch 19 Esterhuizen v. Allied Dunbar Assurance PLC23 [1998] 2 FLR 668 Finch, Henry,Sir A summary of the common law of England /Sir Henry Finch. The body of the common law of England / Edmund Wingate. The principles of law reduced to practice / William Phillipps. New York ;London :Garland,1979. Gorham v British Telecommunications plc [2000] 1 WLR 2129; [2000] 4 All ER 867, CA Gray v Buss Murton [1999] PNLR 882 Smith, R v. [2000] UKHL 49; [2001] 1 AC 146; [2000] 4 All ER 289; [2000] 3 WLR 654 (27th July, 2000) (From United Kingdom House of Lords Decisions;) Hacquoil v Imperial Cancer Research (2003 JRC 163). Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465; [1963] 3 WLR 101; [1963] 2 All ER 575, HL(E) Johnson v Gore Wood & Co [2002] 2 AC 1; [2001] 2 WLR 72; [2001] 1 All ER 481, HL(E) R. KERRIDGE AND A.H.R. BRIERLEY MISTAKES IN WILLS: RECTIFY AND BE DAMNED Cambridge Law Journal, 62(3), November 2003, pp. 750-770 Printed in Great Britain Lewis, In re [1904] 2 Ch 656, CA Marshall v Kerr (1993) 67 TC 56, CA; [1995] 1 AC 148; [1994] 3 WLR 299; [1994] 3 All ER 106, HL(E) Pesticcio v Huet [2003] WTLR 1327. Robertson v Fleming (1861) 4 Macq 167 Stevens, In re [1898] 1 Ch 162, CA Smeaton v. Pattison, [2002] QSC 431; [2003] QCA 341. Re Bull (1999 JRC 145) White v Jones [1995] 2 AC 207; [1995] 2 WLR 187; [1995] 1 All ER 691, HL(E) Swain v Hillman [2001] 1 All ER 91, CA The Law Relating to Dishonesty, Report on the (LRC 43-1992) [1992] IELRC 2 (September 1992) (From Irish Law Reform Commission Papers and Reports;) Johnson M.K.;Robbennolt J.K. Using Social Science to Inform the Law of Intestacy: The Case of Unmarried Committed Partners Law and Human Behavior, Volume 22,Number 5, October 1998, pp. 479-499(21). Springer Kaslow F.W. Handling Transitions from Mother to Son in the Family Business: The Knotty Issues Family Business Review, Volume 11,Number 3, September 1998, pp. 229-238(10). Blackwell Publishing Landlords Association for Northern Ireland, Re An Application for Judicial Review [2005] NIQB 22 (14 March 2005) (From High Court of Justice in Northern Ireland Queen's Bench Division Decisions;) Parry, David Hughes,Sir. Parry & Clark the law of succession. 11th ed. /by Roger Kerridge, assisted by A.H.R. Brierley. London :Sweet & Maxwell,2002. Read More