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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56079
Experience:  Licensed attorney helping individuals and businesses.
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A lawyer drew up transfer papers of all assets owned by my

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A lawyer drew up transfer papers of all assets owned by my father to his second wife. Then he drew up a death bed will later that month. Dad died 3 days later. My lawyer asked the lawyer for access to his files or legal action may file. This lawyer now says that his files are subject to solicitor client privilege and any demand of him from my lawyer is threatening and improper. Who is right?

Daniel :

Hello and thank you for the question. I am sorry to read of this dilemma.

Daniel :

The information should be provided on demand

Daniel :

if there is delay in delivering same, it may be compelled by court application

Daniel :

The documents are relevant and discoverable, and not privileged on this issue

Customer:

It is more complicated as my Dad sexually abused me and I told very few people but he of course knew and may have been avoiding his responsibilities by first the transfers and secondly his will. His estate was about 10,000 but his companies were gone, his boat listed for $240,000 etc etc.

Daniel :

Even more reason why it must be disclosed and why it is relevant to closing and settling the estate

Daniel :

Lawyer demand can follow with court action.

Daniel :

I wish you the best.

Customer:

Thank you very much

Daniel :

Very welcome

Daniel :

Have a nice weekend

Daniel :

Kindly rate the answer as excellent

Daniel :

are you there?

Customer:

What do you think of the "threatening and improper" part, sorry for my delay I will most certainly rate you assistance as excellent with a small bonus.

Daniel :

I agree with that approach

Daniel :

if asking is not working, that approach, especially by counsel

Daniel :

may lead to cooperation without resort to court action

Daniel :

nothing to lose in pursuing it but a bit of time and effort

Daniel :

Your lawyer's conduct is not threatening or improper

Daniel :

but one may exert pressure

Daniel :

which is proper and decisive

Daniel :

I wish you a nice weekend.

Infolawyer and other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

My lawyer has claimed that the transfer of almost all assets to my step mother during my fathers last month was improper since he knew he had abused me. Do you consider I am entitled to these documents as well as those surrounding signing his will or does it have to go back to court? I am planning to sue these lawyers that both witnessed the will in the hospital just days before Dad died.

You are entitled to the documents and to discovery. You may seek to challenge the transfers and set them aside on the exceptions on fraud, duress, lack of capacity or improper execution. Some courts will also consider equity and fairness and the unclean hands of the beneficiary.
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Customer: replied 3 years ago.

You mentioned "Some courts will also consider equity and fairness and the unclean hands of the beneficiary." Were you thinking of the beneficiary as my step-mother, whose hands were all over this sudden transfer and death bed will surrounded by suspicious circumstances. I do not think I was bad except for keeping my mouth shut and unsuccessfully attempting to cope. If no-one believes me I guess that is another separate matter.


 

Precisely. her unclean hands can be a factor the court would consider!
Customer: replied 3 years ago.

Thank you so much! Your information is so "proper and decisive" to use your words.

Much appreciated. Have a great weekend.
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