Independent Legal Advice – 7 Factors to Look For
April 28, 2017 No Comments
I am typically attempting to set aside a transaction or a will and I often look to see if there was independent legal advice (ILA)
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Drafting Lawyer Has Heavy Duty to Investigate Testamentary Capacity
April 20, 2017 No Comments
Friesen v Friesen Estate (1985) 24 ETR 191 sets out inter alia the heavy duty upon a lawyer taking instructions for a will to investigate
The Duty of Care Owed By a Will Drafter
February 21, 2017 No Comments
In Korpiel v Sanguinetti (1999) B.C.J. 1048 the court concluded that a will drafter, usually a solicitor or notary, owes no duty of care to
Court Costs Awarded Against Lawyer Personally
February 8, 2017 No Comments
The Supreme Court of Canada dismissed an appeal of the Ontario Court of Appeal upholding a a substantial award of court costs against a lawyer personally
Independent Legal Advice and Undue Influence
June 26, 2016 No Comments
Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case
Negligence Standard Same For Lawyers and Notaries
April 28, 2015 No Comments
I recently advised an inquiry that the negligence standard for a lawyer/solicitor is the same as that for a notary public. The authority for that proposition
Disappointed Beneficiary? Sue the Lawyer
November 19, 2013 No Comments
Recent statistics issued by the Law Society indicate that approximately 4 – 6% of their claims both in number and in dollars, arise out of
The Disappointed Beneficiary vs the Negligent Lawyer
November 6, 2013 No Comments
A disappointed beneficiary is one who fully expected to inherit, should have inherited, but due to the lawyer’s negligence in failing to prepare and have
Wills Lawyer Liable For Damages to Intended Beneficiary
June 15, 2012 No Comments
Meier v Rose 2012 CarswellAlta 185 is a good example of a lawyer’s negligence in the preparation of a last will and testament, and the