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Wills & Estates

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

20 years of LAWPRO leading cases

20 years of lawpro magazine cover

While Ontario lawyers will appreciate that LAWPRO defends them on legal malpractice claims, they may not appreciate the breadth of legal issues that come up in those claims. This article highlights leading or significant cases that LAWPRO litigated over the past 20 years, some of which dealt with legal issues and principles that are relevant… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Criminal Law, Limitation Periods, Wills & Estates

How simple mistakes can lead to large claims

Cartoon dollar bills

It’s easy to think that, at least in your office, a major claim couldn’t possibly happen. But LAWPRO’s experience shows that errors, innocent oversights and gaffes in any type of practice can lead to big problems. And if you or your firm don’t have adequate insurance in place to address the claim, you could be… Read More »

Categories: 2015 February - LAWPRO 20th, Articles, Civil Litigation, Corporate Law, Franchise, Inadequate Investigation, Independent Legal Advice, Personal Injury, Personal injury, Real Estate, Wills & Estates

Resolve to get your practice off to the best possible start

sign that says Your Lawyer

Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. Here are some practice ‘resolutions’ that you may want to consider. Want more? Read the… Read More »

Categories: 2014 Student Issue 2, Articles, Civil Litigation, Communications Errors, Corporate Law, Criminal Law, Family, Law students/new lawyers, Legal Careers, New Lawyers, Real Estate, Wellness, Wills & Estates

Consider threshold questions before accepting joint retainers in wills

pen and document

Joint retainers are common in wills practice. Wills and estates lawyers are often asked to prepare mirror or mutual wills for two spouses. While the lawyer is typically assured by the couple that they are in agreement about the proposed estate plan, lawyers should be careful when relying on these assurances, because over the past… Read More »

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