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Lawyers Limited From Benefiting From Client’s Will

Lawyers Limited From Benefiting From Client's Will

Lawyers in BC are now limited in various aspects of receiving any benefits from a will his or her office prepared.

As of January 1, 2013 the Law Society Rules of BC now provide: Chapter 3 – Relationship to Clients | The Law Society of British Columbia

TESTAMENTARY INSTRUMENTS AND GIFTS

3.4-37 A lawyer must not include in a client’s will a clause directing the executor to retain the lawyer’s services in the administration of the client’s estate.

3.4-38 Unless the client is a family member of the lawyer or the lawyer’s partner or associate, a lawyer must not prepare or cause to be prepared an instrument giving the lawyer or an associate a gift or benefit from the client, including a testamentary gift.

3.4 39 A lawyer must not accept a gift that is more than nominal from a client unless the client has received independent legal advice.”

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