Ethical Considerations for Trust and Estate Practitioners
Ethical Considerations for Trust and Estate Practitioners
Paper
2016 Trust Symposium

Trusts and estates work is complex, requiring a working knowledge of various areas of substantive law (including the law of real and personal property, the law of trusts, the law of succession and various tax laws) and of specialised rules and procedures (such as those in the Probate Rules). In addition, it is an area of work in which ethical issues are challenging because there are typically multiple parties whose interests are potentially affected, even if that might not be fully apparent for some time.
This paper will discuss some particular ethical issues which trust and estates practitioners should be alive to in practice, including issues associated with:
the representation of multiple clients (such as husband and wife, parents and children, co-fiduciaries, co-beneficiaries)conflicts of interest between clients, and between client and lawyer
confidentiality of information / legal professional privilege, including duties owed after the death of the client
clients with diminished capacity

Tom Cox SC, Hanson Chambers
54.00

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