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Vol 24 No 12 Dec 19/Jan 20

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Merkin and Flannery on the Arbitration Act 1996

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A Practical Guide to the Construction and Rectification of Wills and Trust Instruments

ISBN13: 9781912687206
Published: January 2020
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: Price on Application

In stock.

Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed.

They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman.

This book is designed as a practical guide to overcoming drafting problems. As well as considering the court’s modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them.