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-   -   CanadaBC Kelowna lawyer resigns after writing himself into client's will (http://www.ottawadivorce.com/forum/f7/canadabc-kelowna-lawyer-resigns-after-writing-himself-into-clients-will-21359/)

mcdreamy 10-04-2017 07:02 PM

CanadaBC Kelowna lawyer resigns after writing himself into client's will
 
Funny, ....but not funny. A fairly typical joke in law offices is to write yourself into a will, but this joker actually did it:

link: Kelowna lawyer resigns after writing himself into client's will - British Columbia - CBC News

Note to readers: if you are here, in an Ontario divorce forum, YES---You should be preparing a new will, and in all likelihood, new power of attorneys.

Also, please note the lawyer writing your will most likely isn't aware you are separated/divorced, pay and/or receive child support. If you pay or receive child support, consider using this clause in your will, to ensure that any bequests are not confused with ongoing cs:

"The provisions made for a child or children of mine under this Paragraph ** of this my Will are made, in part, for the purpose of satisfying any obligation my estate may have pursuant to a separation agreement [with my former spouse ____, court order, or otherwise] to pay support to a parent of or for the benefit of my children. Any payments made under this paragraph shall not be in addition to amounts otherwise payable by my estate pursuant to a separation agreement, court order, or otherwise, but shall be on account of those amounts that my estate is legally obligated to make."

arabian 10-04-2017 10:47 PM

Quote:

Originally Posted by mcdreamy (Post 224022)
Funny, ....but not funny. A fairly typical joke in law offices is to write yourself into a will, but this joker actually did it:

link: Kelowna lawyer resigns after writing himself into client's will - British Columbia - CBC News

Note to readers: if you are here, in an Ontario divorce forum, YES---You should be preparing a new will, and in all likelihood, new power of attorneys.

Also, please note the lawyer writing your will most likely isn't aware you are separated/divorced, pay and/or receive child support. If you pay or receive child support, consider using this clause in your will, to ensure that any bequests are not confused with ongoing cs:

"The provisions made for a child or children of mine under this Paragraph ** of this my Will are made, in part, for the purpose of satisfying any obligation my estate may have pursuant to a separation agreement [with my former spouse ____, court order, or otherwise] to pay support to a parent of or for the benefit of my children. Any payments made under this paragraph shall not be in addition to amounts otherwise payable by my estate pursuant to a separation agreement, court order, or otherwise, but shall be on account of those amounts that my estate is legally obligated to make."

I think he should received a much stiffer judgement. 7 years without practicing law? Repaying a paltry 2500.00 costs award?

Fraudulent transaction should have been dealt with on a federal level IMO.

I'm sure he also has to do some remedial reading...(common penalty given to bad lawyers).

Good advice about the will though - thanks for that.

ifonlyihadknown 10-05-2017 09:12 AM

The Law Society policing the lawyers. Anyone see a problem with this?

This should be dealt with as a matter for criminal law.


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