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Solicitor's Negligence

Case law involving solicitor's negligence claims would suggest that there is an ever increasing degree attributed to the duty of care owed by solicitor to the testator/client and in turn the testator/client's intended beneficiaries.

Solicitors continue to come under scrutiny in our courts when discharging their professional duties owed to their clients in their estate planning practices. The substantiating case law in Canada demonstrates a clear liability on the solicitor to the testator/client and the testator/client's intended and perhaps unintended beneficiaries.

Solicitors negligence claims often arise after death in the context of Will and Estate challenges, where it is discovered that the solicitor has not discharged his/her duty of care owed according to the standards which have developed as a result of the case law through time.

Similarly, there have been recent court decisions respecting a solicitor’s obligation in the context of drafting Powers of Attorney and concerning principles of undue influence.

Resources:

WEL Blog: Responsibility of Solicitors Concerning Undue Influence Issues

WEL Blog: Solicitor’s negligence in the 21st Century

This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation.

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