We have been instructed by an elderly client whose late son facilitated contact with an Estate Planning company. Following a review of the documents, we can see that he created a flexible life interest trust with him as life tenant and son as remainderman. He then completed a declaration of trust saying that he held 100% of the equity in his property for the trustees of a trust - the problem being that this was not the trust that he had created but clearly a trust created by another client (referring to that client’s name rather than his)!
Beyond advising him to go back to the company to rectify this - any thoughts as to next steps. Is an application to court required to set this aside as a mistake. This would seem heavy handed for what is a clumsy error by the company.