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Wills & Estates

Wills & Estates Malpractice Claims Fact Sheet

pen writing My Last Will

Malpractice claims in wills and estates practice have increased steadily over the last decade, nearly doubling in frequency. Communications issues (often at the time the will is drafted) are the biggest source of these claims. Too many lawyers are not truly listening to the client’s instructions and not probing and questioning the client to uncover… Read More »

Categories: Factsheets, Wills & Estates

Repairing errors to head off claims

Timely efforts by LawPRO to “repair” errors committed by lawyers save the Ontario bar millions of dollars every year. To preserve these repair opportunities, lawyers should contact us as soon as it becomes clear that a mistake may have been made on a file. LawPRO successfully argues for rectification of a will provision A multi-million… Read More »

Categories: 2017 May - 2016 Annual Review, Articles, Civil Litigation, Errors & Omissions, Wills & Estates, Year in Review

Document intentions behind inter vivos transfers

There is a wide range of reasons behind individuals’ decisions to transfer ownership of property. Unfortunately, legal presumptions about transfers don’t always align well with the transferor’s intentions, which can lead to unexpected results. Transfers that are intended to be gifts may be treated as trusts in favour of the transferor; or transfers made for… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Malpractice Errors, Wills & Estates

Ask critical questions to head off will challenges

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 LAWPRO has seen an average of 60 claims per year alleging that the lawyer did not investigate key details. This specific error has… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Wills & Estates

Are you ready for the Estate Information Return?

In 2011, amendments were made to the Estate Administration Tax Act (EATA). The major amendment was to impose on the Estate Representative the obligation to provide financial information about the estate to the Ministry of Finance. The financial information is used by the Ministry to confirm that the appropriate estate tax has been paid by… Read More »

Categories: Areas of Law, Articles, Content Type, Wills & Estates
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