Role of an Estate’s Lawyer

What is the role of an estate’s lawyer?

Executors “step into the shoes” of the deceased to carry out the deceased’s personal and business affairs in accordance with the will.  The estate’s lawyer takes instructions from the executors. The estate’s 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 interim and final distributions of the estate.

The estate’s 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 Queen’s Bench Rules of Court Tariff of Costs establishes the fees and costs that may be charged by a lawyer for acting as the estate’s 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.