When it comes to preparing your Will and Powers of Attorney, choosing the right lawyer is as important as the documents themselves. You are not simply hiring someone to draft paperwork, you are selecting a professional who may one day help your family, Executors, Attorneys, and beneficiaries manage your affairs at a stressful and emotional time. With that in mind, here are some important considerations.
Make Sure the Lawyer Has a Proper Contingency Plan
The Law Society expects lawyers to have contingency or succession plans so that client files, Wills, and Powers of Attorney remain accessible if the lawyer dies, becomes incapacitated, retires, or is otherwise unavailable. Ask your lawyer:
- Do they have a formal continuation plan?
- How are documents stored?
- Who will take over their practice if something happens?
This protects you from the nightmare of an inaccessible Will when it is most urgently needed.
Choose Someone Who Will Likely Outlast You Professionally
Ideally, your estate planning lawyer should be younger than you or be part of a firm with long-term continuity. Estate planning is future-focused. There is real value in having a lawyer who may still be available when your estate needs administration or when your Attorneys must rely on your Power of Attorney.
Practical Accessibility Matters
Convenience is not trivial when it comes to estate planning. A lawyer who is reasonably close geographically is often preferable. Estate Trustees and Attorneys may need assistance quickly, and travel distance or dealing with someone in another City may complicate matters unnecessarily.
Your Key Decision-Makers Should Know Who the Lawyer Is
Your estate planning only works smoothly if the right people know how to access the documents. At a minimum:
- Your Estate Trustee(s) should know the lawyer’s name and contact details
- Your Attorneys for Property and Personal Care should know the same
- Your beneficiaries, where appropriate, should know where the Will is kept
Lost, hidden, or unknown documents create delay, confusion, and sometimes litigation.
Make Sure Document Storage Is Clear and Authorized
Many lawyers retain original Wills and Powers of Attorney in safekeeping, which can be a very good idea, but only if your trusted people know where they are. It is also wise to sign any necessary authorizations in advance so that your lawyer can release these documents without unnecessary complication
Time for Decision-making
Choosing a lawyer for estate planning is about reliability, accessibility, continuity, and preparedness. Thinking about these factors now helps ensure your wishes are carried out and your loved ones are supported when it matters most.
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com