Toronto estate litigator Sean Lawler says lawyers drafting wills should take careful notes in the event there is a challenge later on.
Lawler, a partner with Shibley Righton LLP, says detailed notes are crucial if it’s alleged the testator lacked capacity or if there is suspected undue influence.
“If there is a will challenge, the litigants will want to have the best evidence of how the testator communicated his or her intentions,”