CanadaWhat standard of care applies to a notary or lawyer preparing a will?
In Canada, a notary or lawyer preparing a will must meet the standard of care expected of a reasonably competent professional in that field — not perfection, but diligence, knowledge, and attention appropriate to the task.
What the Law Says
While no single federal or provincial statute defines the precise standard of care for will preparation across all of Canada, professional conduct rules and common law (and civil law in Quebec) establish that legal professionals owe clients a duty of competence and diligence.
The standard is not one of perfection, but of what a reasonably competent lawyer or notary would do in similar circumstances. This includes taking proper instructions, identifying potential issues (e.g., capacity, undue influence, dependants), ensuring formal validity, and advising on consequences where appropriate.
In Quebec — where notaries have exclusive authority to draft wills under civil law — the Civil Code and professional regulations impose duties of prudence, diligence, and loyalty. Elsewhere in Canada, provincial law societies’ codes of conduct (e.g., the Federation of Law Societies’ Model Code) require lawyers to provide competent, diligent, and ethical service.
What Courts Have Said
The Supreme Court of Canada has clarified the professional standard applicable to notaries and lawyers drafting wills — especially in civil law jurisdictions like Quebec.
The Court held that a notary preparing a will owes a duty of care grounded in civil law principles of diligence and prudence; liability arises not from minor oversights but from failure to meet the standard expected of a reasonably competent notary in the circumstances.
What to Do
Confirm the testator’s mental capacity and freedom from undue influence before drafting.
Take clear, contemporaneous notes of instructions and advice given.
Ensure the will complies with formal requirements (e.g., two witnesses, signature, date).
Consider whether dependants or potential claims (e.g., under Wills Variation Acts) need addressing.
Refer complex cases (e.g., blended families, foreign assets, trusts) to specialists.
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.