Want 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 ArticlePractice Pitfalls – Wills and Estates
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...
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 ArticleWills: 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...
View ArticleMalpractice 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...
View ArticleLAWPRO 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...
View ArticleDivisional 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...
View ArticleAvailability 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...
View ArticleHow to lessen your risk of a malpractice claim when virtually witnessing...
[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...
View ArticleThe 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)...
View ArticleIntroducing the “Small Estates” process as of April 1, 2021
The government of Ontario’s optional simplified process for probating small estates comes into effect on April 1, 2021 and applies to estates with assets of less than $150,000. This will be a welcomed...
View ArticleTips to Manage the Important New Changes to Wills, Powers of Attorney and...
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...
View ArticleWhen You Get a Call About a Will You Drafted… What Is Your Next Step?
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...
View ArticleNew Ontario Court forms that come into force Jan 1st that will impact on...
New Ontario Court forms come into force on January 1, 2022. The amended forms, now available on the Ontario Court Forms website, have a simplified format and helpful instructions. Old forms will not be...
View ArticleTips for When a Client Dies
It is a difficult experience when a client dies. However, the right to confidentiality does not end with death and you have continuing professional duties. Our new tip sheet explains the steps to take...
View ArticleCRA’s new trust reporting requirements
This year’s tax filing season may be looking different for some people and corporate entities due to new trust reporting rules. These changes, while presenting challenges, also offer legal...
View ArticleEstates and Limitation Periods – Recent case decision
Navigating limitation periods is a critical aspect of legal practice in Ontario and lawyers are often faced with the challenge of determining which legislation applies to their clients’ cases. In a...
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