LSLAP Program Information for Wills and Estate (16:XIII) - Revision history

LSLAP at 19:32, 13 October 2025

2025-10-13T19:32:18Z

← Older revision		Revision as of 19:32, 13 October 2025
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	{{REVIEWED LSLAP \| date= ~~August 21, 2024~~}}		{{REVIEWED LSLAP \| date= 16 July 2025}}
	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}

LSLAP: /* D. Undue Influence and Suspicious Circumstances */

2025-09-22T09:19:31Z

D. Undue Influence and Suspicious Circumstances

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	* Has anyone ever threatened to take you out of your home and put you in a care facility?		* Has anyone ever threatened to take you out of your home and put you in a care facility?

	'''Obtain relevant information from third parties when possible and if the will-maker consents'''		'''Obtain relevant information from third parties when possible and if the will-maker consents.'''

	'''Obtain a medical assessment if mental capacity is also in question, but remember that mental capacity to make a will is ultimately a legal test'''		'''Obtain a medical assessment if mental capacity is also in question, but remember that mental capacity to make a will is ultimately a legal test.'''

	'''Compile a list of events or circumstances indicating undue influence. See the section below for red flags'''		'''Compile a list of events or circumstances indicating undue influence. See the section below for red flags.'''

	'''Make and retain appropriate records whenever red flags are present~~'''~~		'''Make and retain appropriate records whenever red flags are present.'''

	~~'''If suspicion remains high after reasonable investigation, decline retainer to prepare the will~~'''

			'''If suspicion remains high after reasonable investigation, decline retainer to prepare the will.'''

	== E. Red Flags for Undue Influence ==		== E. Red Flags for Undue Influence ==

LSLAP: /* C. Taking Instructions During the Initial Interview */

2025-09-22T09:18:09Z

C. Taking Instructions During the Initial Interview

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	The purpose of the initial interview is for the LSLAP clinician to complete the Will Instructions Questionnaire ([[Will_Instructions_Questionnaire_(16:App A)\|Appendix A]]) with the client in order to later actually draft the will. '''LSLAP clinicians should never draft a will for a client during the initial interview. All wills must be approved by the supervising lawyer before they can be mailed or delivered to clients.''' At the end of the interview, the clinician should have a clear and full understanding of the client’s personal circumstances, assets, and desired distribution of their estate. The clinician should also have sufficient information to later assess the client’s testamentary capacity with the supervising lawyer. '''If there is any doubt as to a person’s capacity, consult LSLAP’s Supervising Lawyer.'''		The purpose of the initial interview is for the LSLAP clinician to complete the Will Instructions Questionnaire ([[Will_Instructions_Questionnaire_(16:App A)\|Appendix A]]) with the client in order to later actually draft the will. '''LSLAP clinicians should never draft a will for a client during the initial interview. All wills must be approved by the supervising lawyer before they can be mailed or delivered to clients.''' At the end of the interview, the clinician should have a clear and full understanding of the client’s personal circumstances, assets, and desired distribution of their estate. The clinician should also have sufficient information to later assess the client’s testamentary capacity with the supervising lawyer. '''If there is any doubt as to a person’s capacity, consult LSLAP’s Supervising Lawyer.'''

	~~'''~~The LSLAP clinician should keep the following things in mind during the initial interview:~~'''~~		The LSLAP clinician should keep the following things in mind during the initial interview:

	# Speak directly with the will-maker, never an intermediary.		# Speak directly with the will-maker, never an intermediary.

LSLAP: /* A. LSLAP File Administration Policy – Wills and Estate Planning */

2025-09-22T09:17:40Z

A. LSLAP File Administration Policy – Wills and Estate Planning

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	'''Finally, LSLAP will not draft a will that disinherits potential beneficiaries.''' In other words, LSLAP is unable to help with clients wishing to eliminate spouses and children. Clients wishing to disinherit potential beneficiaries should be referred to a private lawyer.		'''Finally, LSLAP will not draft a will that disinherits potential beneficiaries.''' In other words, LSLAP is unable to help with clients wishing to eliminate spouses and children. Clients wishing to disinherit potential beneficiaries should be referred to a private lawyer.

	:: ~~'''~~NOTE: Before drafting a will for a First Nations person, please consult with the supervising lawyers. The client will most likely have to be referred to an outside lawyer. There are many complexities with First Nations wills, and LSLAP will likely not be able to assist.~~'''~~		:: NOTE: Before drafting a will for a First Nations person, please consult with the supervising lawyers. The client will most likely have to be referred to an outside lawyer. There are many complexities with First Nations wills, and LSLAP will likely not be able to assist.

	~~:: '''~~LSLAP’s Supervising Lawyer must be consulted on every will and must review the final product before it is sent to the client to be executed.~~'''~~		LSLAP’s Supervising Lawyer must be consulted on every will and must review the final product before it is sent to the client to be executed.

	== B. LSLAP File Administration Policy - Probate and Taxation ==		== B. LSLAP File Administration Policy - Probate and Taxation ==

LSLAP: /* A. LSLAP File Administration Policy – Wills and Estate Planning */

2025-09-22T09:16:48Z

A. LSLAP File Administration Policy – Wills and Estate Planning

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	== A. LSLAP File Administration Policy – Wills and Estate Planning ==		== A. LSLAP File Administration Policy – Wills and Estate Planning ==

	~~'''~~The only wills and estates issues LSLAP can responsibly provide assistance to the public is the drafting of certain types of simple wills. Clinicians should refer clients to qualified wills and estates lawyers for all other issues.~~'''~~ In addition, the clinician should only prepare a will for persons meeting our income criteria ~~'''~~and~~'''~~ whose estates are:		The only wills and estates issues LSLAP can responsibly provide assistance to the public is the drafting of certain types of simple wills. Clinicians should refer clients to qualified wills and estates lawyers for all other issues. In addition, the clinician should only prepare a will for persons meeting our income criteria and whose estates are:
	* Small (under $25,000); and		* Small (under $25,000); and
	* Consist entirely of personal property, no real property (the future as well as present situation must be considered), with all of the estate located in British Columbia.		* Consist entirely of personal property, no real property (the future as well as present situation must be considered), with all of the estate located in British Columbia.
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	:: '''LSLAP’s Supervising Lawyer must be consulted on every will and must review the final product before it is sent to the client to be executed.'''		:: '''LSLAP’s Supervising Lawyer must be consulted on every will and must review the final product before it is sent to the client to be executed.'''


	== B. LSLAP File Administration Policy - Probate and Taxation ==		== B. LSLAP File Administration Policy - Probate and Taxation ==

LSLAP at 03:35, 22 August 2024

2024-08-22T03:35:44Z

Show changes

Nate Russell: Nate Russell moved page LSLAP File Administration Policy for Wills and Estate (16:XIII) to LSLAP Program Information for Wills and Estate (16:XIII): 2024 edition

2024-07-26T21:40:19Z

Nate Russell moved page LSLAP File Administration Policy for Wills and Estate (16:XIII) to LSLAP Program Information for Wills and Estate (16:XIII): 2024 edition

← Older revision		Revision as of 21:40, 26 July 2024
(No difference)

Nate Russell: Nate Russell moved page LSLAP File Administration Policy for Wills and Estate (16:XIV) to LSLAP File Administration Policy for Wills and Estate (16:XIII) over redirect: 2024 edition

2024-07-26T21:37:32Z

Nate Russell moved page LSLAP File Administration Policy for Wills and Estate (16:XIV) to LSLAP File Administration Policy for Wills and Estate (16:XIII) over redirect: 2024 edition

← Older revision		Revision as of 21:37, 26 July 2024
(No difference)

Clicklaw Editor at 21:26, 29 August 2023

2023-08-29T21:26:31Z

← Older revision		Revision as of 21:26, 29 August 2023
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	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

LSLAP at 00:20, 25 August 2023

2023-08-25T00:20:01Z

← Older revision		Revision as of 00:20, 25 August 2023
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	{{REVIEWED LSLAP \| date= ~~July 8~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= June 30, 2023}}
	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}