Select Page

What Happens at the First Consultation?

Wills and Powers of Attorney

The first consultation for Wills and Powers of Attorney has to cover many areas in detail. The Client information forms are collected and reviewed if they have not already been sent in.

The purpose of the consultation is to obtain the Client’s instructions to draft a Will and Powers of Attorney, answer any questions and advise on the details regarding the estate.

There are four main areas that are of importance :

Estate Trustees (Executors)

Explain duties of Executors and Trustees

  • Review choice of Executors and Alternates
  • Explain LSP theories on who should be Executors
    • Why more than one Executor
    • Who Executors should be
  • Record Executors and Alternate Executors

Asset Information

Reasons to obtain asset information

  • Starting point to locate assets on death
  • Explanation of the problem
  • Advice re pages in the manual

Confirm competency

  • Explain law of competency
  • Obtain monetary values if competency might be an issue

Simple Probate Planning

  • Joint accounts, naming beneficiaries
  • Suggested changes

Decides whether more complex tax planning is needed

  • What are rough value of assets

Finalize Asset Information Form

  • Review form and make sure it is complete

Beneficiaries

Review the client’s suggested beneficiaries

  • Record beneficiaries and their bequests
  • Explain who would normally be the beneficiaries (if there was no Will)
  • If suggested and normal beneficiaries are different, obtain explanation from client as to why
  • Decide if medical competency report needed for why beneficiaries are different

Ensure there are alternate beneficiaries

  • Explain the need for alternates including Rule of Saunders v. Vautier
  • Record alternate beneficiaries and their bequests

What age are the children and grandchildren to receive their bequests?

  • Explain how Trust would work for children
  • Record ages beneficiaries obtain their bequests out right

Are there children born outside of marriage?

  • Explain the Law and the clause
  • Record whether they need to be put in the Will
m

Estate Planning

Review When Appropriate:

Testamentary Trusts

  • Explain how testamentary trusts work and how money can be saved
  • Explain appropriate situations
  • Investigate whether their case is appropriate
  • Explain costs
  • Record whether need to be put in the Will

Multiple Wills

  • Explain how money can be saved
  • Explain appropriate situations
  • Investigate whether their case is appropriate
  • Explain costs
  • Record whether needed to be put in the Will

Simple Estate Planning

  • Review Joint Ownership again, naming of beneficiaries

Review What Not To Do

  • Joint ownership with children
  • Giving away assets

This is a summary of other details and the order in which they are covered during the first consultation:

Custodians (Guardians of Children)
  • Explain duties of custodians
  • Explanation of the Law of appointing custodians
  • Review choice of custodians and alternates
  • Record custodians
Burial Instructions
  • Explain Law
  • Explain page in LSP Will Manual
  • Record mode of burial
Safe Keeping of Original Will
  • Explain the need for Will to be stored in a safe place and the options
  • Does client have their own safety deposit?
  • Record where the Will will be kept

Location of Previous Will

  • Record where previous Will is
  • Record particulars of Direction to get previous Will
Estate Trustee Letters
  • Explain why we have Executor letter
  • Explain what the letter states
  • Obtain email and/or postal addresses
Legal Consideration
  • Discuss and record testamentary capacity
  • Discuss need for capacity assessment
  • Discuss whether anyone is influencing the decisions in the Will
  • Discuss and record whether in contemplation of marriage or divorce
  • Discuss dependant’s issues
  • Ask if there is a marriage contract
  • Ask if there is a foreign property
  • Explain multiple Wills, obtaining advise in the other jurisdiction
  • Decide whether there is a need for an international Will
  • Ensure no contravention of Rule against perpetuities
  • Ensure no contravention of Rule against accumulations
  • Ensure no contravention of Rule in Saunders v. Vautier
Will Summary and Special Clauses

Review what Will states

  • Review special clauses
  • Born outside of Marriage Clause
  • Family Law Act Clause
  • “Per stirpes”
  • Technical Clauses
Lawyer Obligation When Joint Instruction

Explain Lawyer’s obligation when advising a married or unmarried couple

Continuing Power of Attorney for Property
  • Explain purpose
  • Explain how it takes effect immediately
  • Review and record choices of Attorneys and Alternates
  • Explain acting separately or together
Continuing Power of Attorney for Personal Care
  • Explain purpose
  • Explain how it takes effect immediately
  • Review and record choices of Attorneys and Alternates
  • Explain acting separately or together
  • Explain and decide about life support clause
LSP Process to Finalize

Explain process to execute and complete the file

Follow-up Checklist

  • Go through each item on checklist
  • Make an appointment date to sign Will and Powers of Attorney
Any other questions from Client

Ask if there is anything not covered that the Client wishes to know

Provide the Client with LSP Manual
  • Give the Client the LSP Manual
  • Explain what is in the Manual and what is for
  • Go through the New Client memorandum
Requisition to Open File and Obtain Signed Retainer
  • Confirm Client’s identity as required by The Law Society of Upper Canada
  • Complete the Requisition Open File Form
  • Discuss and obtain signed retainer and money retainer or credit card authorization
  • Conclude business