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Wills & Estates

When You Get a Call About a Will You Drafted… What Is Your Next Step?

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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 Coverage

Tips to Manage the Important New Changes to Wills, Powers of Attorney and Succession Law

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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 & Estates

The 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, Technology

How 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 & Estates

Availability of insurance coverage for lawyers acting as executor or trustee

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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

Wills: Why you should send clients detailed reporting letters

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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
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