Avoiding Communications Claims: Wills & Estates
No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. Between 2008 and 2013, nearly 4,600 communications claims –...
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Resolutions to avoid wills and estates claims
I will ask more probing questions when meeting with a client to prepare a will: Too many lawyers are not asking the questions that could uncover facts that could cause problems later, or making clear...
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LAWPRO Magazine archive: The Boomer challenge – Are lawyers ready?
2013 is the first year 500,000 Canadians turned 60. It seems like a good time to revisit this article from five years ago, when the first edge of the Boomers were entering their seventh decade. It...
View ArticleProofread 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....
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New 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...
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Increased run-off insurance: A critical issue often overlooked in lawyers’...
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...
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LAWPRO Magazine archives: Practice Pitfalls – Wills and Estates
In the September 2010 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...
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Avoiding ‘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...
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LAWPRO 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...
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When 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...
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Defending 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...
View ArticleThe 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...
View ArticleOntario Court Fees Changes In Effect November 6, 2016
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...
View ArticleWant a challenge-proof will? Think like a (wannabe) beneficiary
As a lawyer, you have likely been trained to maintain a laser focus on your client’s interests and how to express and defend them. Being a fierce advocate is usually a good thing. But when preparing a...
View ArticleContingency 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...
View ArticleThe 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...
View ArticleOntario Court Fees Changes In Effect November 6, 2016
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...
View ArticleIncreased run-off insurance: A critical issue often overlooked in lawyers’...
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...
View ArticleWhen 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...
View ArticleProofread 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....
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