Wills & Estates
Tips for When a Client Dies
It is a difficult experience when a client dies. However, the right to confidentiality does not end with death and you have continuing professional duties. Our new tip sheet explains the steps to take upon learning that a client has passed away, depending on whether the matter involved litigation, wills or real estate, as well… Read More »
Categories: Real Estate, Civil Litigation, Wills & EstatesNew Ontario Court forms that come into force Jan 1st that will impact on wills & estates lawyers
New Ontario Court forms come into force on January 1, 2022. The amended forms, now available on the Ontario Court Forms website, have a simplified format and helpful instructions. Old forms will not be accepted after January 1, 2022, unless the court orders otherwise. The rule and form amendments also include consequential amendments prompted by… Read More »
Categories: Wills & EstatesWhen You Get a Call About a Will You Drafted… What Is Your Next Step?
You’re sitting at your desk on a typical weekday afternoon when, out of the blue, you get a call related to a will file. As soon as this happens, be wary. Your first instinct may be to try to help. But calls around wills you’ve prepared raise issues around confidentiality and privilege. Trying to recall… Read More »
Categories: Wills & Estates, LAWPRO Errors and Omissions CoverageTips to Manage the Important New Changes to Wills, Powers of Attorney and Succession Law
The government has enacted 4 important changes regarding wills, powers of attorney (POAs) and to the administration of an estate with Bill 245 – Accelerating Access to Justice Act, 2021 which received Royal Assent on April 19, 2021. (See amendments in Schedule 8 – Substitute Decisions Act, 1992 and Schedule 9 – Succession Law Reform… Read More »
Categories: Wills & EstatesIntroducing the “Small Estates” process as of April 1, 2021
The government of Ontario’s optional simplified process for probating small estates comes into effect on April 1, 2021 and applies to estates with assets of less than $150,000. This will be a welcomed change for lawyers and their clients. New Rule 74.1 of the Rules of Civil Procedure (as found in O.Reg. 111/21) sets out… Read More »
Categories: Wills & EstatesThe dangers of renting out your signature as a virtual witness on a will or POA
The virtual execution of wills and powers of attorney has suddenly become a big topic for Ontario lawyers, even those practising outside the wills and estates bar. The April 7, 2020 (amended April 22) emergency Order in Council now permits, on a temporary basis, the virtual witnessing of wills and powers of attorney in Ontario…. Read More »
Categories: Wills & Estates, TechnologyHow to lessen your risk of a malpractice claim when virtually witnessing wills and powers of attorney
[Updated April 24, 2020] As part of its response to the COVID-19 pandemic, on April 7, 2020 the Government of Ontario released an emergency Order temporarily allowing the virtual execution of wills and powers of attorney by means of “audio-visual communication technology” as of that date. On April 22, 2020, a new emergency order was… Read More »
Categories: Wills & EstatesAvailability of insurance coverage for lawyers acting as executor or trustee
Estate lawyers will sometimes be called upon by a client to act as executor or trustee as part of their Professional Services. Depending on the complexity of the estate or trust, these appointments can last for years and involve a substantial time investment. As with other aspects of a legal practice, alleged errors in the… Read More »
Categories: Wills & Estates, LAWPRO Errors and Omissions Coverage