Select Page

What Happens at the First Consultation?

Estate Administration

At the first consultation for Administration of Estates information is obtained to be able to advise as to what tasks have to be done to administer the estate and run through any Client questions.

The following items and tasks are addressed in detail:

Review Will and Questionnaires with Client
  • Confirm Client has authority to act as Estate Trustee
  • If there is no Will, confirm Client has first right to be appointed Estate Trustee
  • Review forms Client filled out and note what information is still needed
Assets, Debts and Benefits Information
  • Complete LSP Asset, Debt and Benefits Information Form, and provide to Client
  • Discuss what information about assets still needs to be obtained
  • Discuss whether probate is necessary based on nature and value of assets
  • Calculate probate fee if necessary
Tasks Needed to be Completed
  • Go through each task on the Task Form to explain what tasks need to be done
  • Be instructed as to who will do what task
  • Calculate legal fees associated with tasks and method of payment
Applying for Probate
  • Explain what probate is
  • Explain what is involved in obtaining probate
  • Explain obligation to beneficiaries
  • Ensure have all, or will get all the information needed to apply for probate
Authorizations

Explain and obtain authorizations to financial institutions to get information and give instructions to pay probate and legal fees.

Estate Bank Account
  • Explain need for setting up an estate bank account
  • Provide notarial copy of the Will for establishment of bank account
  • Explain bill paying by financial institutions
Advertising for Creditors
  • Advise as to when advertising for creditors is necessary
  • Decide whether to advertise for creditors
Income Tax
  • Explain how deceased is taxed in year of death
  • Decide who will look after tax returns
  • Explain tax clearance certificates
Executor's Compensation
  • Explain general rule
  • Decide if compensation will be taken
Claims Against the Estate
  • Investigate whether any claims against the estate and how they will be dealt with
  • Investigate Dependant Relief and Family Law Act claims
Accounting and Distributions of the Estate
  • Explain the need and how to keep accounts
  • Decide who will keep accounts
  • Discuss how and when estate will be distributed
  • Discuss whether there is a need for obtaining releases from beneficiaries
LSP Client Administration of Estate Manual
  • Give LSP’s Client Administration of Estates Manual
  • Explain what is in LSP’s Client Administrationof Estates Manual
  • Review LSP’s New Client Memorandum
LSP Process
  • Explain what further Client appointments are necessary and when they will be
  • Explain reporting letters and fees
Checklists and assistance
  • Produce Client “To Do” checklist
  • Produce Lawyer/Staff “To Do” checklist
  • Introduce Client to Estates Assistant
Requisition to Open File and Obtain Signed Retainer
  • Confirm Client’s identity as required by The Law Society of Upper Canada
  • Complete Requisition to Open File Form
  • Discuss and obtain signed retainer and money retainer or credit card authorization
  • Conclude business