Draftsmans Duty of Care in the Preparation of a Will Essay

Draftsmans Duty of Care in the Preparation of a Will - Essay ExampleThe analysis is pore on identifying the solicitors 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 testators intentions and wishes through the legal document. The various types of the draftsmans duties in preparation of a will are discussed in the changing contextual situations of family businesses, rough-cut 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 some of the broad issues of draftsmans 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 possib le contextual factors that can lead to these errors or failure to carry out the duties. The methodology adopted for this purpose include searching legal journals and law journal databases to locate cases associated with the failure of draftsmans responsibilities and liabilities of the draftsman. Databases such as LexisNexis, bailli, zetoc and Westlaw were searched with scathe as draftsman common law preparation of will solicitor duties and several cases were located and have been included in this study.