Some drafting errors in wills can be rectified before or during the process to obtain a Certificate of Appointment of Estate Trustee (“CAET”). In Ontario we now know that the disappointed beneficiary alleging those errors, who also sues the drafting solicitor, must seek rectification prior to the issuance of the CAET. Otherwise, the doctrine of abuse of process may prevent the disappointed beneficiary from suing the drafting solicitor in negligence…..

In recent years, Ontario courts have placed increasing emphasis on the moral obligations owed to dependants when assessing claims under Part V of the Succession Law Reform Act (“SLRA”). While testamentary autonomy remains a fundamental principle, recent decisions show that courts are prepared to intervene where a will fails to make adequate provision for a spouse or other dependant, even in circumstances where the claimant is not in immediate financial….