This paper addresses practice and risk management issues in estate planning. It discusses the duties of a lawyer in an estate planning file, including identifying capacity, taking instructions and advising the client, drafting the document, executing the document, and closing the file. It also provides tips to avoid or minimize complaints and highlights common sources of claims against estate practitioners.

This paper is part of a collection presented at LESA’s Estate Planning for the Average Wealth Client program in Edmonton on November 29, 2017 and in Calgary on December 6, 2017.