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Login to watch this video if you have a subscription. Learn more about subscriptions.This Professionalism Panel brings together experienced wills and estates lawyers to share practical insights on handling suspected undue influence and capacity issues in client instructions, including hospital and emergency situations. The panel highlights law society guidance and red-flag checklists, careful use of holograph wills, and the importance of clear documentation and communication so that decisions about accepting or refusing retainers remain defensible.
They also examine the growing complexity of wills practice, the time required for proper intake and drafting, and the role of law clerks in supporting but not replacing lawyer judgment. The discussion underscores the need for the lawyer’s personal involvement in key meetings, attention to nonverbal cues, and adherence to regulatory limits while keeping services accessible to clients.
Overall, the session offers practical strategies for managing professionalism and ethical challenges in modern wills and estates practice.
Susan Carlyle is a long time resident of London, Ontario and has a long affiliation with the University of Western Ontario. Susan graduated from the Faculty of Law at The University of Western Ontario in 1982 and was called to the Alberta Bar in 1984 and the Ontario Bar in 1986. Her firm Carlyle Peterson Lawyers LLP has been in existence since 1994; it is a solicitor’s practice consisting of real estate, estates and corporate work primarily. Susan was formerly the President of the Middlesex Law Association, and as such participated extensively in the failed merger attempts between CDLPA, the Toronto Lawyers’ Association and the OBA.. She has served on many charitable boards including: Women’s Community House(Now Anova) , the Kidney Foundation, the Learning Disability Association of London, the Learning Disability Association of Ontario, London Health Science Foundation, Blyth Festival, and a lay member of the Professional Geoscientists of Ontario
Janet was born and raised in Northern Ontario. She travelled south to London for university and never left graduating from U.W.O Law in 1977 and being called to the Bar in 1979.
Janet practised in Strathroy both in partnership and as sole proprietorship from 1979. She Joined Cohen Highley as Counsel in 2023 and happily remains there.
Janet has many years in the areas of real estate of various types, wills, estates, and business law all with an emphasis on farms and farmers.
Outside of her legal practice, Janet plays an active role in her community. She currently serves as the Chair of the Strathroy Middlesex General Hospital Foundation. Janet is also a trailblazer as one of the first women members of the Strathroy Rotary Club.
Daniel J. McNamara practises in the areas of wills and succession, labour and employment, real estate, and corporate representation of religious institutions and government-funded social service agencies, including those established to support adults with intellectual disabilities. He has also represented hospitals and other heath care institutions.
With particular reference to Dan’s wills and succession practice, he has extensive experience in drafting wills and powers of attorney, acting as solicitor to estate trustees, acting as an estate trustee and performing estate trustee services on behalf of trustees, including preparation of estate accounts and the preparation and filing of income tax returns. He has appeared in various estate court proceedings such as the removal of an estate trustee and contested passings of accounts. He has pursued mediation training and has participated in estate mediation, both as counsel and as a mediator.
Dan was invited to act as a seminar leader at the Bar Admission Course in London since the late 1970's and continued in that capacity until 1998 when he was appointed Senior Instructor for the Estate Planning and Administration section. Dan has also participated as a presenter in Law Society CLE programs at London.
Dan frequently addresses community group respecting wills, powers of attorney and estates.
He was appointed to the Adjunct Faculty of University of Western Ontario Faculty of Law in 2001 and has taught the Wills and Succession course in that capacity.
*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
