Ethical Issues, focusing on Undue Influence, in Wills & Estates | CPDonline.ca

Ethical Issues, focusing on Undue Influence, in Wills & Estates

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Credits
Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 0.5
30 minutes
Published
2020
Presenter(s)
Daniel J. McNamara
Justin Newman
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
45 minutes
Price
$89.00 plus tax
MLA 2020 Wills and Estates Conference
Includes Handouts

Dan and Justin review the law of undue influence as it pertains to drafting a will.  They share two cases with divergent views on a solicitor’s duty to understand and investigate the testator’s circumstances to ensure no undue influence!  This poses quite the dilemma for solicitors!

Presenters

Daniel J. McNamara

Daniel J. McNamara practises in the areas of wills and succession, labour and employment, real estate, and corporate representation of religious institutions and government-funded social service agencies, including those established to support adults with intellectual disabilities. He has also represented hospitals and other heath care institutions.

With particular reference to Dan’s wills and succession practice, he has extensive experience in drafting wills and powers of attorney, acting as solicitor to estate trustees, acting as an estate trustee and performing estate trustee services on behalf of trustees, including preparation of estate accounts and the preparation and filing of income tax returns. He has appeared in various estate court proceedings such as the removal of an estate trustee and contested passings of accounts. He has pursued mediation training and has participated in estate mediation, both as counsel and as a mediator.

Dan was invited to act as a seminar leader at the Bar Admission Course in London since the late 1970's and continued in that capacity until 1998 when he was appointed Senior Instructor for the Estate Planning and Administration section. Dan has also participated as a presenter in Law Society CLE programs at London.

Dan frequently addresses community group respecting wills, powers of attorney and estates.

He was appointed to the Adjunct Faculty of University of Western Ontario Faculty of Law in 2001 and has taught the Wills and Succession course in that capacity.

Justin Newman

Justin Newman was called to the Bar in 2015 after attending Western University Law School.  Justin has practiced nearly exclusively in Wills and Estates and Estate Litigation since his call.  He is currently an associate in the Wills, Estates, Trusts and Charities Law group at Harrison Pensa LLP.

Justin’s practice focuses on Estate Planning, Estate administration and Estate Litigation including Will challenges, removal of Estate Trustees, charity law litigation, contested passing of accounts, and capacity litigation. 

Justin is currently a member of the Estate Planner’s Counsel and has spoken and written on various topics in the area of Wills and Estates.

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