What standard of care applies when a lawyer concurrently acts for the executors of the estate and the surviving spouse?
Saskatchewan, Canada
The following excerpt is from Hatch v. Cooper, 2001 SKQB 491 (CanLII):
In my view, none of the defendants' conduct constituted a breach of their fiduciary obligation within the meaning ascribed thereto in Martin v. Goldfarb and therefore no analysis of the law is required. Issue No. 3 - - What standard of care applies when a lawyer concurrently acts for the executors of an estate and a surviving spouse?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is estate duty charged on real estate not a "testamentary expense" for the executors? (Saskatchewan, Canada)
Does a spouse have a valid claim to inherit a parcel of land that was transferred into the name of another spouse as an estate planning measure? (Saskatchewan, Canada)
In what circumstances will the court of probate in the absence of an English executor and a foreign executor in the distribution of an estate? (Saskatchewan, Canada)
Does a clause in a will which states that the real estate and personal estates of the deceased bequeathed to the executors of his will constitute a general fund for his funeral and testamentary expenses and debts? (Saskatchewan, Canada)
What is the difference between a testator's directions for conversion of real estate and personal estates? (Saskatchewan, Canada)
What is the standard of care a lawyer owes to a client who retains him? (Saskatchewan, Canada)
In what circumstances will a husband's contributions by both spouses be recognized as a joint contribution to a spouse's matrimonial property? (Saskatchewan, Canada)
What is the test for obtaining a share of a contingent interest in the estate of a deceased spouse? (Saskatchewan, Canada)
Does solicitor-client privilege apply to invoices of lawyers? (Saskatchewan, Canada)
Does the ademption of the remainder of the life estate of a deceased's will apply to a mortgage that was not adeemed? (Saskatchewan, Canada)
