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Difference between revisions of "LSLAP File Administration Policy for Wills and Estate (16:XIV)"
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LSLAP File Administration Policy for Wills and Estate (16:XIV) (view source)
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'''NOTE: 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'''. | '''NOTE: 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. Taking Instructions During the Initial Interview == | == B. Taking Instructions During the Initial Interview == | ||
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'''The student should keep the following things in mind during the initial interview:''' | '''The student should keep the following things in mind during the initial interview:''' | ||
1. Speak directly with the will-maker, never an intermediary. | |||
2. Interview the will-maker alone, not in the presence of the beneficiaries or spouses, except where taking joint instructions from spouses for mirror wills. | |||
3. Inquire into the nature and extent of the will-maker’s property. Ask about any prior wills (to ensure that all property and prior wills are satisfactorily dealt with, and to ensure that the will-maker knows of all the property being disposed of). Ask the will-maker about the existence of property that may not form part of the estate (e.g. real estate in joint tenancy, joint bank accounts with survivorship rights, insurance policies and pension plans with named beneficiaries, Tax-Free Savings Accounts (TFSAs), Registered Retirement Savings Plans (RRSPs), and Registered Retirement Income Funds (RRIFs)). Ensure that the will-maker understands that such properties, if there are valid beneficiary designations in place, do not form part of the estate and their dispositions are independent of the will and its effects. | |||
4. Have the will-maker read the Will Instructions Questionnaire over, section by section, or read it aloud to them. | |||
*'''NOTE''': The LSLAP office has a precedent file, which may be consulted for the structure of various clauses. Clinicians may also see the Legal Support Staff Desk Reference, the Continuing Legal Education wills precedent book, or any book on will precedents. | *'''NOTE''': The LSLAP office has a precedent file, which may be consulted for the structure of various clauses. Clinicians may also see the Legal Support Staff Desk Reference, the Continuing Legal Education wills precedent book, or any book on will precedents. | ||
