Wills & Estates
Divisional Court allows appeal in Milne Estate (Re) decision
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Webzine, Wills & EstatesStatement on Re Milne Estate decision
LAWPRO is aware of the Re Milne Estate decision and we confirm that it has been appealed. We expect the appeal won’t be heard for several months. We hope the appeal decision brings clarity to how primary and secondary wills should be drafted. Lawyers that have drafted wills that may be impacted by this decision… Read More »
Categories: Alerts, Wills & EstatesWills & Estates Malpractice Claims Fact Sheet
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 & EstatesRepairing 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 ReviewThe well-defended will
Lawyers Weekly, March 2015 https://www.practicepro.ca/information/doc/Defending-the-will.pdf
Categories: Wills & EstatesRun-off buy-up to protect estates
LAWPRO Wills and estates webzine, April 2015 https://www.practicepro.ca/information/doc/Run-off-buy-up-to-protect-estates.pdf
Categories: Wills & EstatesDocument inter vivos transfers
LAWPRO Wills and estates webzine, April 2015 https://www.practicepro.ca/information/doc/Document-Inter-vivos-transfers.pdf
Categories: Wills & EstatesEstate Information Return
LAWPRO Wills and estates webzine, April 2015 https://www.practicepro.ca/information/doc/Estate-Information-Return.pdf
Categories: Wills & EstatesDocument 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