CanadaCan I sue a lawyer or notary if they prepare my will incorrectly?
Yes, you can sue a lawyer or notary in Canada for professional negligence if they prepare your will incorrectly and cause financial harm — but you must prove they fell below the standard of care expected of legal professionals.
What the Law Says
While there is no single federal statute governing lawyer or notary liability for will preparation across Canada, professional negligence claims are grounded in provincial laws of tort and professional regulation. The core legal principle is that lawyers and notaries owe clients a duty of care — and breaching that duty with resulting harm gives rise to a claim in negligence.
In all Canadian provinces and territories, lawyers are regulated by law societies (e.g., Law Society of Ontario, Chambre des notaires du Québec), which set standards of practice. Notaries in Quebec have civil law duties under the Civil Code of Québec; elsewhere, only lawyers draft wills (notaries do not have will-drafting authority outside Quebec).
To succeed in a negligence claim, you must prove four elements: (1) the lawyer/notary owed you a duty of care; (2) they breached the standard of care expected of a reasonably competent professional; (3) that breach caused your loss; and (4) you suffered actual, quantifiable damage — such as an invalid will leading to intestacy or unintended beneficiaries receiving assets.
What Courts Have Said
The Supreme Court of Canada has confirmed that notaries and lawyers can be held liable for negligent will preparation — establishing the standard of care and scope of liability.
The Court held that a notary in Quebec owes a duty of care in preparing testamentary documents, and failure to meet the standard of a reasonably diligent notary may result in liability for damages — especially where errors cause beneficiaries to lose their intended inheritance.
What to Do
Gather all documents related to the will (drafts, instructions, communications, final will, and proof of harm like court orders declaring it invalid)
Consult another qualified lawyer promptly — limitation periods typically begin when you discover (or ought to have discovered) the error, often within 2 years
File a complaint with the relevant law society or Chambre des notaires (for disciplinary review, though this does not replace a lawsuit)
If appropriate, commence a civil claim for professional negligence — usually in provincial superior court
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.