For the Public

Common Concerns

Role of Estate Lawyer

Executors "step in to the shoes" of the deceased to carry out the deceased's personal and business affairs in the manner in the will. The estate lawyer takes instructions from the Executors. The estate lawyer's role is to advise and assist the Executors in marshalling the assets of the Estate, dealing with accounting and tax issues, obtaining a Clearance Certificate from Revenue Canada, and assisting in effecting final distribution of the Estate.

The estate lawyer has no obligation to communicate directly with the beneficiaries.  It is the role of the Executors to inform beneficiaries with respect to the progress of the estate. 

Schedule I "C"  of the The Rules of Court Tariff of Costs establish the fees and costs that may be charged by a lawyer for acting as the estate lawyer.  Please see the Public Legal Education Association's (PLEA) website for more information on acting as an Executor, and the duties that role entails.