Wills & Estates
Proofread that will!
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 & EstatesWhen preparing wills, don’t dispense with formalities – execution matters
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 & EstatesIncreased run-off insurance: A critical issue often overlooked in lawyers’ estate planning
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 & EstatesThe New Rules of Practice for Estates: An Overview
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 & EstatesDefending the will
We all know, it’s impossible to write an effective will for a client without investigating the details of the client’s circumstances and estate. While this conclusion may seem trite, in recent years LAWPRO has seen an average of 60 claims per year alleging that the lawyer did not investigate key details. This specific error has… Read More »
Categories: Wills & EstatesLAWPRO video: Ever wonder what happens if you die without a will?
As part of LAWPRO’s public awareness efforts to promote the role of the lawyer, we have produced a video: Ever wonder what happens if you die without a will? It emphasizes how a preparing a will can avoid a lot of headaches. We will be promoting this video through social media and other channels, and… Read More »
Categories: Wills & EstatesAvoiding ‘Inadequate Investigation’ Claims in Wills & Estates
Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer. Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2014, this category… Read More »
Categories: Wills & EstatesNew practicePRO resource: Wills & estates malpractice claims fact sheet
With such a large amount of claims prevention information availalable in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers wills… Read More »
Categories: Wills & Estates