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Wills & Estates

LAWPRO Alert: Statement on Re Milne Estate decision

LAWPRO ALert

LAWPRO is aware of the Re Milne Estate  decision and we confirm that it has been appealed. We expect the appeal won’t be heard for several months. We hope the appeal decision brings clarity to how primary and secondary wills should be drafted. Lawyers that have drafted wills that may be impacted by this decision… Read More »

Categories: Announcements, Wills & Estates, Risk Management Strategies, LAWPRO Errors and Omissions Coverage, Risk Management & Claims Prevention

Malpractice claims regarding wills double in a decade

biggest-claims-risks

While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the average annual number of wills claims double over the past 10 years. Growth in property values renders these errors more expensive and growing complexity in family structures, family law and tax law makes… Read More »

Categories: Biggest Claims Risks, Communication Errors, Wills & Estates, Areas of Law, Risk Management & Claims Prevention

Wills: Why you should send clients detailed reporting letters

communication-errors

While the will itself is the product of the collaboration between lawyer and client, the reporting letter serves a separate purpose: it’s the record of the context. To the extent that the reporting letter documents the process of crafting the will, it can bolster validity, shield the lawyer from malpractice allegation and demonstrate the value… Read More »

Categories: Communication Errors, Wills & Estates, Areas of Law, Risk Management & Claims Prevention

Contingency planning for lawyers: Do you have a plan in place for your practice?

willsestates

LAWPRO encourages lawyers to consider the impact that their unexpected death or incapacity would have on their practices, and to implement a plan to ensure that their clients continue to be served. The following article provides a good overview of issues lawyers should consider when making contingency plans. It originally appear in Hull & Hull… Read More »

Categories: Wills & Estates, Practice Aids, Law Practice Management

Practice Pitfalls – Wills and Estates

willsestates

In a previous issue of LAWPRO Magazine, we asked our claims counsel about what they feel are the biggest malpractice hazards in each area of law based on the claims files they work on every day. Here is an excerpt from that article urging lawyers to consider capacity when drafting a will. Click here to… Read More »

Categories: Wills & Estates

Proofread that will!

willsestates

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

willsestates

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
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