Independent Legal Advice – 7 Factors to Look For
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)
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)
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
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
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
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
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
Recent statistics issued by the Law Society indicate that approximately 4 – 6% of their claims both in number and in dollars, arise out of
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
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