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Phelps v Stewarts (a firm) & Anor [2007] EWHC 1561 (Ch) (02 July 2007)

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Where a sole practitioner had engaged a specialist firm to assist in respect of a discretionary trust, the retainer of the specialist firm was not limited to the drafting of the trust document. Without any express written limitation as to the retainer the specialist firm should have provided advice as was appropriate to the circumstances including the potential exposure to a tax charge of 20% above the threshold allowance.

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