Ontario Barrister and Solicitor Practice Exam

To whom does a young lawyer in Thunder Bay owe a duty when asked to draft a Will?

1. Only to the testator

2. To the testator and the court

3. To the testator and the client's beneficiaries

4. Only to the executor of the Will

The correct answer is: To the testator and the client's beneficiaries

A young lawyer in Thunder Bay owes a duty to both the testator, who is requesting the Will, and the client's beneficiaries, as they will ultimately benefit from the contents of the Will. Option A is incorrect because the lawyer also has a responsibility to ensure that the Will is legally valid and accurately represents the wishes of the testator. Option B is incorrect because while the court may review the Will to ensure its validity, the lawyer is not solely accountable to the court. Option D is incorrect because although the executor will play a role in carrying out the instructions of the Will, they are not the only party to whom the lawyer owes a duty in this situation.