Lawyer or Limited Licensee Refuses to Create Will
There is no obligation for a lawyer or limited licensee to take on a new client or matter. Reasons for not taking on a new client or matter could include:​
- financial considerations
- time limitations
- the lawyer or limited licensee has concerns about circumstances surrounding the creation of the Will, such as the client lacking the required capacity or being under duress
- the lawyer or limited licensee lacks the competency to do the work and declines to act
See section 3.1-2 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 lawyer or limited licensee advised they cannot create a Will due to a conflict of interest, please see the Conflict of Interest pathway. ​
If you believe the lawyer or limited licensee is not creating a Will due to discrimination, please see the Harassment or Discrimination page. ​
If you believe the lawyer or limited licensee inappropriately refused to create a Will for another reason, submit a complaint.
Common Questions
Duress is when someone does not enter into an agreement or execute a Will voluntarily, but only because they were forced to. This can be due to intimidation, threats or other extreme pressure tactics. (from the Public Legal Education Association of Saskatchewan (PLEA)Â website)
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.