What is the duty of a solicitor taking instructions for a will?

This duty was echoed by Kroft J. in the more recent case of Friesen v. Friesen Estate, [1985] M.J. No. 79: ¶88 6. The duty upon a solicitor taking instructions for a will is always a heavy one. When the client is weak and ill, and particularly when the solicitor knows that he is revoking an existing will, the responsibility will be particularly onerous. ¶89 7. A solicitor cannot discharge his duty by asking perfunctory questions, getting apparently rational answers, and then simply recording in legal form the words expressed by the client. He must first satisfy himself by a personal inquiry that true testamentary capacity exists, that the instructions are freely given, and that the effect of the will is understood.