Error With Will
If you note an error with your Will, speak with your lawyer or limited licensee. During your lifetime, you can change or cancel your Will whenever you like, as long as you still have capacity to do so.
If an error is noted after death or after the person no longer has capacity, there may be a negligence issue. Negligence means the lawyer or limited licensee made a mistake that may cause financial harm to a client or the estate. Please see the Negligence page for more information.
Lawyers and limited licensees are not perfect, but the Law Society has a duty to ensue competency. This means that the lawyer or limited licensee has the appropriate knowledge and skills to handle the matter. See section 3.1-1 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If the error raises concerns about the competency of a lawyer or limited licensee, submit a complaint.
Common Questions
A person lacks capacity if they cannot:
- understand information relevant to making a decision
- appreciate the reasonably foreseeable consequences of making, or not making, a decision
A lack of capacity may arise for a host of reasons including, but not limited to, intellectual disability, mental illness, dementia, brain injury and addictions.