Victoria J. Haneman's upcoming article covers malpractice in the estate planning field, and she suggests using a constructive trust when a professional makes an error. There seems to be little case law employing constructive trusts to remedy estate planner errors.
See Victoria J. Haneman, " Changing the Estate Planning Malpractice Landscape: Applying the Constructive Trust to Cure Testamentary Mistake," University of Missouri-Kansas City Law Review, (forthcoming in 2011).
Hat Tip: Wills, Trusts and Estates Prof Blog
Posted by David Perry, Associate Editor, Wealth Strategies Journal
See Victoria J. Haneman, " Changing the Estate Planning Malpractice Landscape: Applying the Constructive Trust to Cure Testamentary Mistake," University of Missouri-Kansas City Law Review, (forthcoming in 2011).
Hat Tip: Wills, Trusts and Estates Prof Blog
Posted by David Perry, Associate Editor, Wealth Strategies Journal

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