Lawyer or Limited Licensee Inappropriately Included in Will
When preparing a Will, a lawyer or limited licensee must not include:
- a clause requiring the executor to use the lawyer or limited licensee’s legal services in the administration of the estate
- a gift or benefit from the client to the lawyer or limited licensee, unless the client is a family member of the lawyer
Even if preparing a Will for a family member, the lawyer or limited licensee should ensure the client has independent legal advice if there is any indication that:
- the client is in a weakened state
- the client is not able for any reason to understand the consequences of the gift
- there is a perception of undue influence
See sections 3.4-37, 3.4-38 and 3.4-39 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 you believe the lawyer or limited licensee is inappropriately included in a Will, submit a complaint.
Common Questions
Weakened state means a physical, emotional or mental condition which may make a person more vulnerable to persuasion.
Undue influence means that an individual’s wishes are influenced through coercion and/or manipulation. It is not necessary to show physical violence, confinement, or threat.
There may be undue influence if the testator could state “this is not my wish, but I must do it.”
Independent legal advice means meeting with a lawyer or limited licensee who is not associated with the initial lawyer or limited licensee, or the transaction, to receive an explanation about the legal aspects of the transaction. This often only requires one meeting. See section 3.4-27 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.