Wills & Estates
The dangers of renting out your signature as a virtual witness on a will or POA
[Updated January 10, 2025] The virtual execution of wills and powers of attorney has changed the landscape for Ontario lawyers, even those practising outside the wills and estates bar. Where a will or power of attorney is witnessed virtually, the law requires that one of the two witnesses be a Law Society licensee. Thus you… Read More »
Categories: Technology, Wills & EstatesHow 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: LAWPRO Errors and Omissions Coverage, Wills & EstatesWills: Why you should send clients detailed reporting letters
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: Areas of Law, Communication Errors, Risk Management & Claims Prevention, Wills & EstatesDivisional Court allows appeal in Milne Estate (Re) decision
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Wills & EstatesLAWPRO Alert: Statement on Re Milne Estate decision
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, LAWPRO Errors and Omissions Coverage, Risk Management & Claims Prevention, Risk Management Strategies, Wills & EstatesMalpractice claims regarding wills double in a decade
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: Areas of Law, Biggest Claims Risks, Communication Errors, Risk Management & Claims Prevention, Wills & EstatesContingency planning for lawyers: Do you have a plan in place for your practice?
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: Law Practice Management, Practice Aids, Wills & Estates