The applicant sought an order under s. 9 of the Estates Act to compel the deceased's lawyer to produce her file to determine if an unexecuted draft will could be validated under s. 21.1 of the Succession Law Reform Act.
The court considered whether this constituted an impermissible fishing expedition or breached solicitor-client privilege.
Given that the estate trustee did not oppose the relief and the primary beneficiary under the prior will consented, the court ordered the lawyer to produce the file relating to the deceased's 2022 estate planning.
