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Preventing & Dealing with Will Drafting Errors

November 7 @ 1:30 pm - 3:00 pm

Live webinar with chat
*includes 60 day replay

9:00 am – 10:30 am (Pacific)
10:00 am – 11:30 am (Mountain)
11:00 am – 12:30 pm (Central)
12:00 pm – 1:30 pm (Eastern)
1:00 pm – 2:30 pm (Atlantic)
1:30 pm – 3:00 pm (Newfoundland)

*This program features real-time audio and video of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A. SK attendees please verify whether you align with Central (MB) or Mountain (AB) time based on season and location.

Technical Information:

Live webinars allow you to hear and view faculty, see their presentation slides, and ask questions by chat. You will need a current web browser (Chrome (Chrome works best), Safari, Firefox), a wired (better than wireless) connection to the Internet of at least 2 Mbps. You can test your internet speed/bandwidth here. If you miss the live program, you can access the archive, at your convenience, for 60 days.

Who Should Attend

All lawyers who draft Wills should attend this program.

About the Program

Will drafting errors are the single most common issue in claims against lawyers practicing in the wills and estates area. Many of these claims stem from mistakes that are only discovered when the the Will is brought forward in connection with the administration of the estate. Sadly, most of these will drafting errors could have been prevented. In this webinar, experienced estates litigation lawyer and defence and repair counsel Jenny Bogod explains how lawyers who draft Wills can limit their potential claims exposure by implementing fulsome procedures for Will drafting and execution. Following these best practices will assist you not only in avoiding malpractice claims, but also in ensuring that full effect is given to your clients’ wishes. After just 90 minutes, you’ll better understand:

  • the standard of care imposed upon a solicitor acting on a Will drafting retainer
  • how a “drafting checklist” can help avoid typographical and other errors
  • specific examples of practices that generate a well-documented file
  • circumstances where you should self-report to your insurer

As guardian of your client’s testamentary intentions, you must undertake careful consideration and inquiry at every stage of a Will drafting engagement. Don’t miss this opportunity to gain practical tips to help you avoid the Achilles heel of mistakes and claims for wills and estates lawyers!

Meet Your Presenter

Jenny Bogod is a passionate litigator whose litigation practice at Rosen Sack LLP focuses on estate, trusts and capacity litigation as well as professional negligence. Jenny represents dependants, estates, beneficiaries and persons whose capacity is being questioned by others in connection with Will challenges, Will interpretation applications, power of attorney disputes, dependant support claims and guardianship applications. Jenny is also designated as Preferred Counsel by the Lawyers’ Professional Indemnity Company, the professional liability insurer for lawyers in Ontario. She acts as defence and repair counsel in connection with solicitor negligence matters related to estates and trusts, family law, civil litigation and real estate. Jenny regularly speaks and writes about estates related topics, including for the Law Society of Ontario, the OBA, Advocate Daily, CanLII Connects, and OBA Section Insider: Elder Law.

Schedule

Welcome and Introduction

Duties of a Will Drafting Solicitor

Techniques to Avoid Will Drafting Claims

  • Making Appropriate Inquiries
  • Guarding Against Clerical Errors
  • Reducing All Instructions and Advice to Writing
  • Ensuring Competency to Act

Dealing with Drafting Errors Once Discovered

Program Wrap-up and Evaluation

Venue

Online