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 & EstatesAre 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 & Estates20 years of LAWPRO leading cases
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 & EstatesHow simple mistakes can lead to large claims
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 & EstatesResolve to get your practice off to the best possible start
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 & EstatesConsider threshold questions before accepting joint retainers in wills
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 & EstatesLarge or small: Every recovery counts
We may not be able to control the amount of claims we receive, but here at LAWPRO we do actively pursue recovery of costs owing to us from third parties throughout the year. Regardless of the amount recoverable, where the cost of recovery efforts warrant, we take action to enforce judgments, file writs, and take… Read More »
Categories: 2013 May - Year in Review 2012, Articles, Corporate Law, Wills & Estates, Year in ReviewLAWPRO works with lawyers to correct errors and minimize losses
“Repair” work − steps taken to correct an error or problem to minimize or avoid claims costs − is an important part of LAWPRO’s claims portfolio. Depending on the nature of the error, LAWPRO may take these steps directly, or provide support while the insured conducts a “self-repair”. The most commonly-repaired claims are in the… Read More »
Categories: 2013 May - Year in Review 2012, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Wills & EstatesKnowing when to take a stand: LAWPRO defends its insureds in 2012
LAWPRO pays an indemnity to resolve a claim only in a minority of cases. In the years 2008-2012, LAWPRO made an indemnity payment in just 14.5 per cent of files, on average. However, many claims must be actively defended: over that same period, over 42 per cent of claims required the expenditure of external defence… Read More »
Categories: 2013 May - Year in Review 2012, Articles, Casebook, Civil Litigation, Limitation Periods, Personal injury, Tax, Wills & EstatesNew Year’s resolutions for a healthier law practice and a new you
The start of a new year is a time for self-reflection and self-improvement. Many of you will think about making changes in your personal and work lives. But while you all have good intentions, it can be difficult to break old habits, especially when you are running hard on the treadmill of a busy life… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Corporate Law, Criminal Law, Family, Features, Finances, Legal Technology, Marketing, Practice Tips, Real Estate, Time Management, Wellness, Wills & Estates