Author: Richard A. Low

As a background to a discussion of sound and proper legal practices in taking will instructions as they relate to family maintenance and support (FMS) issues, it is useful to consider the duty of care and the standard of care of a reasonable solicitor in so doing. This paper discusses certain aspects of a solicitor’s duty and standard of care in taking will instructions where potential FMS claims may exist.

This paper was presented at LESA’s FMS Claims: A Primer webinar on December 9, 2021.