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A young lawyer in Thunder Bay is asked to draft a Will. Who do they owe a duty to ________.

User AndersNS
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Final answer:

A young lawyer in Thunder Bay drafting a Will owes a duty primarily to the client, ensuring their intentions are clearly and legally articulated in the Will. This duty includes the consideration of intended beneficiaries and, in broader terms, the interests of any third parties potentially affected by the contents of the Will.

Step-by-step explanation:

The student asked about the duty of a young lawyer in Thunder Bay who is drafting a Will. This requires a careful consideration of legal ethics and responsibilities. The primary duty of the lawyer is to the client, who is the person that has engaged the lawyer to draft the Will. In this context, the client would typically be the person whose Will is being drafted. The lawyer owes this individual a duty of confidentiality, competence, and to act in accordance with the client's wishes within the bounds of the law.

While drafting the Will, the lawyer's responsibilities also extend to considering the interests of the intended beneficiaries after the client's death. The beneficiaries' rights are protected under probate law, and the lawyer must ensure that the client's intentions are clearly and legally articulated in the Will to avoid future disputes and ensure that the Will is enforceable upon the client's passing.

In some cases, third parties could also be affected by a lawyer's actions in preparing a Will, as highlighted by historical and contemporary legal cases. For example, when loved ones like Sharon Kowalski and Karen Thompson are not recognized legally due to the lack of a marriage certificate, ensuring their rights through proper estate planning is crucial. A young lawyer must be attentive to these dynamics and incorporate such considerations when drafting estate documents.

User Greene
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