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Wills & Estates

Proofread that will!

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There are not many guarantees in life, but this is one of them: If you proofread – properly – each and every will you create, you will substantially reduce your risk of a malpractice claim. Proofreading well is a highly underrated, non-universal skill. However, since lawyers proofread documents on a regular basis, most have a… Read More »

Categories: Wills & Estates

When preparing wills, don’t dispense with formalities – execution matters

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Will-drafting is an area of legal practice that demands extremely careful attention to detail. Decisions in this area make it clear that even where a will is well-drafted and is consistent with the testator’s known intentions, failure to have the will executed in accordance with the applicable legal formalities will render it invalid. When that… Read More »

Categories: Wills & Estates

Increased run-off insurance: A critical issue often overlooked in lawyers’ estate planning

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When a lawyer passes away while still in active private practice, LAWPRO’s run-off coverage kicks in. While standard run-off may be enough coverage for lawyers who have been retired for several years (since potential claims will have had time to develop), it may not be sufficient for a lawyer who was practising full-time at the… Read More »

Categories: Wills & Estates

Ontario Court Fees Changes In Effect November 6, 2016

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The Ministry of Attorney General has announced changes to court fees effective November 6, 2016, thanks to a number of regulations which have been amended under the Administration of Justice Act. The changes apply to cases in the Superior Court of Justice and the Small Claims Court. Matters affected include civil litigation, estates, construction liens,… Read More »

Categories: Uncategorized, Wills & Estates, Family Law, Civil Litigation, Risk Management & Claims Prevention

The New Rules of Practice for Estates: An Overview

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I. AN OVERVIEW (by Suzana Popovic-Montag*) On July 9, 2015, several amendments to the Rules of Civil Procedure¹ (the “Rules”) were filed with the registrar under the Courts of Justice Act². These amendments, which came into force as of January 1, 2016, include various changes to the practice of estates under Rules 74 and 75…. Read More »

Categories: Wills & Estates

Defending the will

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We all know, it’s impossible to write an effective will for a client without investigating the details of the client’s circumstances and estate. While this conclusion may seem trite, in recent years LAWPRO has seen an average of 60 claims per year alleging that the lawyer did not investigate key details. This specific error has… Read More »

Categories: Wills & Estates
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