In Wills and Estate Cases, claims may arise against solicitors due to negligence. Though the reasons for these claims are limited only by the imagination of the claimant, there are a few issues that re-occur.
Lawyers are usually dependable advisors that you can turn to at the time of your greatest need. However sometimes their bad advice or failure to take all the necessary steps and precautions may cause the intended beneficiaries of an estate financial or other harm. In such a circumstance, you may have grounds for making a claim against them.
Some of the types of lawyer’s negligence can be:
- Neglecting to confirm the adequate capacity of the testator;
- Inability to check the impact of undue influence on the testator at the time of will execution;
- Failure of the lawyer to make sure that testator’s desires are adequately reflected in the will.
What is Solicitor’s Negligence?
Lawyers in Canada have certain laid down standards of conduct and professionalism which they are bound to follow. They need to make sure all their clients receive a certain standard of care at all times. Lawyers need to act in the client’s best interest by making sure of the following actions:
- Be careful and skillful;
- Always protect the clients’ interests;
- Duly advise clients for all relevant matters;
- Perform the client’s instructions;
- Refer to the client for any doubts regarding the instructions;
- Make sure the client is well informed.
Apart from their duties and responsibilities which lawyers are expected to perform, they should make sure their actions are error-free. If any lawyer acts in a manner which is much beneath the standard of care expected from them, the client has grounds to file a case for negligence. If the lawyer makes errors in their work and their behavior causes financial or other damage to the client, the lawyer can be held liable for negligence.
Establishing that a lawyer has failed to meet the standard of care will usually require the assistance of an expert witness to establish what a prudent lawyer would normally do in the given circumstances.
Few firms in Ontario have specialized knowledge and expertise in handling solicitor’s negligence actions. Nanda & Associate Lawyers can help you in your time of need, to determine the exact anomalies, their impact on you and your options for moving forward.
How We Can Help
It is recommended to discuss and understand your options with a knowledgeable and experienced Wills and Estate Lawyer. If you believe that you have been unfavourably affected by Solicitor’s Negligence, please call us today. At Nanda & Associate Lawyers, our experienced Wills and Estate lawyers understand your specific circumstances and provide tailored and customized solutions for each of them.
Our Mississauga Wills and Estate Lawyers are available for a no-obligation free consultation. Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.