June 21, 2023

The Role of the Drafting Solicitor in a Will Challenge

June 21, 2023 at 12:00PM (ET) on ZOOM
This Lunch and Learn seminar will discuss the role and responsibilities of Will-drafting solicitors, both while drafting the Will and during a Will challenge.

The Role of the Drafting Solicitor in a Will Challenge

June 21, 2023
at 12:00PM (ET) on ZOOM
This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
The Role of the Drafting Solicitor in a Will Challenge

Overview

This Lunch and Learn seminar will discuss the role and responsibilities of Will-drafting solicitors, both while drafting the Will and during a Will challenge.

Lawyers owe a duty of care to their clients when drafting their Will, as they do when representing them in all legal matters. Will-drafting lawyers should conduct themselves from the moment they meet a new client bearing in mind that there is a possibility that their Will may eventually be challenged. Take thorough and contemporaneous notes of every meeting and phone call with the testator. If capacity comes into question, be ready to obtain an expert assessment to determine the testator’s capacity, and be sure to corroborate that assessment with your own assessment as to the testator’s capacity to provide you with instructions. Keep LawPRO apprised of troubling developments.

If a Will a lawyer drafted is challenged, the lawyer will almost certainly be a key witness in the dispute. They may even be a respondent in the challenge, particularly if the drafting lawyers failed to take and retain comprehensive notes.

Topics include:

  • Steps to determine capacity of testator
  • Steps in determining presence of undue influence
  • Drafting solicitor as witness
  • Drafting solicitor as advocate for the executor
  • Dealing with accusations of solicitor’s negligence

 

Discussion Materials

Main Paper

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on June 14, 2023.

Presenters

Partner, Wagner Sidlofsky LLP

Bradley Phillips

Partner, Torkin|Manes

tanisha-tulloch

Gold Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank

Silver Sponsors

Bank of Montreal - Trust and Estate Services
Gold Sponsors
b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank
Silver Sponsors
Bank of Montreal - Trust and Estate Services
Bradley Phillips

Bradley Phillips

Partner, Wagner Sidlofsky LLP

Bradley Phillips is an experienced litigation lawyer with a diverse practice history which enables him to provide a breadth of knowledge and experience to his clients. His practice includes commercial, estate and insurance litigation.

Tanisha Tulloch

Partner, Torkin|Manes

Tanisha is a partner at Torkin|Manes in the Trusts & Estates and Litigation Groups, practising commercial litigation, professional liability defence, and trusts and estates litigation.