This paper discusses the standard of care required of solicitors preparing wills, including inquiring about capacity, receiving instructions, confirming information, and ensuring proper execution of the will. It also discusses liability for failure to meet the standard of care in will preparation. Additionally, tips for properly discharging one’s duties as a wills solicitor are provided.

This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.