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Wills & Estates

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

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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

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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!

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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
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