Brown Bag Lunch – December 17, 2019

  • March 03, 2020
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP

On December 17, 2019, OBA members from across the province got together and discussed issues in estates law, shared professional anecdotes, and highlighted ongoing concerns in the practice.

The first point of discussion was the continued conversation relating to the NoticeConnect Will Registry. Specifically, the topic that had been raised was whether Wills could be submitted to the Will Registry without obtaining additional consent from  testators. NoticeConnect obtained a legal opinion in this regard from Blakes. For a copy of the legal opinion, please contact Rebecca Rauws at rrauws@hullandhull.com (NoticeConnect advised that we can feel free to share). Some OBA members remain apprehensive over these confidentiality questions.

A BBLer then introduced a new subject, which led to a very interesting discussion: once a Will has been probated, can the lawyer who drafted that Will still be sued and found to be negligent? The question arose out of an email circulated by LawPRO on November 28, 2019. For a copy of the article, please contact Rebecca Rauws at rrauws@hullandhull.com. As some BBLers had not yet had a chance to review the email, the discussion was put on hold until a subsequent BBL.