Anneta Sguigna, an 86-year-old immigrant to Canada, spoke very little English. She hired an Italian-speaking lawyer and told him to make a Will giving all her assets to her son Fred. The Will was signed, but no one translated it for Anneta before execution. The court accepted that the Will was drafted in accordance with her instructions. Arguably, since Fred was the only surviving son, the Will made logical sense. The court accepted that Anneta knew and approved of the main provision of the Will: that all her money was to go to her son Fred.Read More
In Ontario, lawyers are often sued by disappointed beneficiaries. Recent case law suggests that the lawyer not only owes a duty to his client, but to those who would have benefited from a testamentary bequest but for the negligence of the lawyer involved.