Imagine a client comes into a lawyer’s office and instructs the lawyer to draft a will. The lawyer makes a mistake and one of the beneficiaries in the previous will who was supposed to inherit some money in the new will got left out. Does that beneficiary have a right to sue the lawyer? Let’s take a look at the law.
Let’s look at the Alberta case of Meier v. Rose to see how the Honourable Madam Justice J.H. Goss addressed the issue of whether lawyers who draft wills are negligent for failing to verify ownership of property? In this case the lawyer (Mr. Rose) prepared a will for a long time client (Gary Meir). The client demanded that it be done the next day. Gary wanted to leave some farmland to his brother (Bob). The lawyer asked for the legal description of the farm land and in accordance with Gary’s instructions the farmland was left to his brother. But the gift failed.
This cheat sheet is intended as a quick reference guide for estate litigators dealing with limitation periods. For a comprehensive review of this topic I refer the reader to articles written by senior members of the bar I have found very useful which I believe are worthwhile to review.