For the Public
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.