Avoiding Negligence Claims

• Negligent preparation of a will;
• White v Jones [1995] 2 AC 207HL;
• The Scope of the duty.

• 10 ways to avoid professional negligence claims;
• Remedying wills, trusts and deeds.

Navigating the Administration/ Avoiding and Managing Risks

• Duties of the PR;
• Whether the administration of the estate should be taken on at all;
• What to do when it becomes clear that the firm is not able to deal with the administration – competence and capacity issues;
• Identifying risk and particular issues such as
  – potential claims by or against an estate and the particular duties in those circumstance
  – friction between beneficiaries and or conflicts;
  – Domicile and tax;
  – Questions over the assets, including extent, legitimacy and criminality;
  – Solvency and debts.