It’s time to prepare a will: 5 powerful considerations when choosing a lawyer

This blog post will outline 5 important considerations when choosing a lawyer for the preparation of a will, based on my experience. Even though it is not exhaustive, I hope it might help you or someone you know along the journey of will completion.

Now, I am aware that you can prepare a will on your own using a will kit. If that’s for you, God bless. As for me, I feel as if preparing a will is a big deal with long-reaching impacts. Should you make a mess of it, when the rubber hits the road you’ll be dead and gone (truth talk) and won’t suffer any consequences, but you could leave loved ones in a difficult situation. I’ll DIY a lot of things, but I’m happy to choose a lawyer to make this happen.

I’ve been through the will development process for myself and for others, and now have a better understanding of what’s up. Ain’t that always the way? You develop a reasonable understanding just in time to no longer need to use the information for yourself. Hence the sharing here. Each one, teach one, as they say.

I’ve had experience with a large law firm, and an experience with an independent lawyer running their own show. These experiences have revealed important differences that I would advise you to consider when choosing a lawyer. Both had pros and cons, and I’m not here to sway you one way or the other. My only goal is to present you with some of the facts. That way, when someone says they have a lawyer you should use, you’ll have an idea of some of the things to consider before you sign on the dotted line.

So let’s get into it! What are some questions to ask when choosing a lawyer to prepare a will?

Fee structure for preparing a will

To begin, let’s talk money! An important consideration when choosing a lawyer is the fee structure.

Canada is a big country, and wills are prepared at the provincial and territorial level with regional differences and requirements which, surely, will impact the price. Let’s do a quick scan.

Ontario

In Ontario, a quick search reveals that the cost for a lawyer-drafted will can range anywhere from $400 to $1400. I live in Ontario, and this lines up with my experience for married couples, with one set of mirror-wills costing just under $800, and the other a $1000 retainer fee. Not too much of a difference in cost, with the same end result: a will and Power of Attorney documents singed, sealed and delivered.

British Columbia

I’ll tell you what, friends: British Columbia does. not. play. The Province has gone so far as to declare October 1-7, 2023 as Make a Will Week. There is an actual proclamation by the King. Seems like it might be important. Might I encourage you to take a page from British Columbia’s book and start choosing a lawyer next week? Just a thought.

Nova Scotia

For our friends in Nova Scotia, the Legal Information Society of Nova Scotia indicates the following:

Lawyers usually charge a fee based on how much legal service you need and how complex the will is. The cost to do a will can begin at less than $400 and go up. Lawyers often charge a flat fee for doing a will. Some lawyers offer estate planning package deals.
https://www.legalinfo.org/wills-and-estates-law/seniors-making-a-will#what-does-it-cost-for-a-lawyer-to-do-a-will-3

United States

And for our friends to the south, the information appears similar in that you can expect a price range to complete this type of work. Complete an online search that includes the name of your state and “fee to complete a will”. This is a great starting point, and you will very quickly get an idea of fees required to choose the lawyer that will be best for you.

It would seem that North Americans should expect a price range. Do your research and consider your budget.

Timing of payment when preparing a will

Another key consideration when preparing a will is the timing of the payments. Once you know how much you’re going to pay, you’re going to want to understand when you’ll need to pay.

During the experience with the large law firm, full payment was due after the will was signed and witnessed, with no down payment required. Cheque, credit card, cash… any form of legal tender was acceptable. And we were advised that if we couldn’t swing the payment at that time, a payment schedule could be set up. Very nice.

On the other hand, the independent lawyer used a retainer model, with the first half required via etransfer before we could start the drafting process; and the remaining due upon our acceptance of the final version. Note that the final payment was required in order for the final documents to be released to us for signature. No payment, no wills.

Completely fair. I mean, what if we were nogoodniks? If the wills had been signed and witnessed and then the lawyer had to chase us for who knows how long to get the money… I think we can agree that doesn’t seem like a good way to go. But if you were hoping to use your credit card to spread out the payment over a longer horizon or to get points on this large purchase, think again. Have your cash ready. Now, surely the payment process will vary amongst independent lawyers, so ask the question and then you’ll know what you’re dealing with. You need to be sure that you can complete your will and meet your other expenses at the same time. A girl’s gotta eat, no?

Access to a physical location

Another consideration is the where. Where would you prefer that all of these Activities of Responsibility take place?

With the large firm, we conducted an initial document review and discussed fine points in their gracious office suite, sat round a large, handsome boardroom table. When it came time to sign the final, we rolled up, sat in yet another boardroom with an equally lovely view, used their customized pens and signed the papers.

With the independent lawyer, all interactions were conducted via video conference, with the actual signing of the documents conducted in the home of the clients. No personalized pens, I’m afraid, but all the comforts of home with the end result of signed wills in hand.

Pros and Cons

	Large Firm	Independant
PROS	Lovely professional setting, just like in the movies.	Did not leave the comfort of home throughout the entire process.
CONS	Travel time required for 2-3 appointments – therefore time off of work – and we had to pay for parking.	Had to meet in the home to sign. This might stretch you a bit if you’re not comfortable having people in your home who you don’t know well.

Access to Witnesses

Now this one is a bit of a kicker. When preparing a will, you will need to have witnesses for the signature process. With the large firm, the lawyer simply called in two staff members to serve as witnesses. They came in, did the needful, and left. No fuss, no muss.

With the independent, brain power and effort were expended to decide on who to approach to serve as witnesses. Who has flexibility in their schedule? Who lives close enough that it won’t be a major inconvenience for them? Who do you feel you would be comfortable involving in this process?

A mutually acceptable date and time had to be agreed upon – which can be tricky for busy adults as we all know – and lined up with the availability of the lawyer. Note that the witnesses cannot be someone who is named in the will, so that narrows the field a bit. Yet another choice that has to be made.

Pros and Cons

	Large Firm	Independant
PROS	Witnesses are provided for you, therefore no effort required on your part.	Allows you to have a fully personalized experience, where you are surrounded by people you know.
CONS	You don’t know the people who sign, which can make the process seem a bit impersonal.	Finding people and lining up schedules for signing can be a bit of an administrative headache for you.

Timeline for will completion

How quickly are you prepared to make decisions and complete the paperwork?

With the large firm, the process was somewhat leisurely, with limited prodding from the lawyer. The information was taken when it was provided. One could argue that this follows as, no doubt, this lawyer had many fish to fry and was potentially less concerned about getting the relatively small fee for this work.

The independent lawyer was all about getting the job done in a timely manner, if you please. Information requests were made with timelines attached, reminders given and follow ups when responses were delayed. Like having a personal drill sergeant (or wedding planner), we were kept in line and on task. There are worse things, to be sure.

Pros and Cons

	Large Firm	Independent
PROS	Flexible timelines allowing you to easily fit the will development process into the activities of your daily life over time.	Tight timelines kept us focused and moving forward.
CONS	Parkinson’s Law in full effect in that, indeed, the task expanded to fill the time allotted. With no tight timelines, time was taken.	Tighter timelines forced the prioritization of the completion of the will over other daily events. This made for a crunchy home schedule at times.

Conclusion

I can’t tell you that one way was better than the other. Each scenario had it pros and cons and it will depend on your situation, your personality, they way you like to work, how liquid you currently are, …

You have autonomy, friend. You get to decide, so choose wisely but don’t overthink it too much. This is likely going to be a short-term relationship, so who does this work may matter less than you think. The main thing is to get it done. So go ahead! Choose the best lawyer for your situation, and go for it!

Tips

• Review your current financial situation and determine when you will prioritize paying for a will. It’s unlikely there will be a time when you feel like this is the way you really want to spend your money. A clutch of cashmere sweaters or some nice dinners out surely have more appeal. However, it is as necessary as a functioning furnace in an Ontario winter, so schedule it into your financial expenditures for the year. Sooner would be better than later.
• While you’re choosing a lawyer, start thinking about who you’d want to bless with a gift when you’re gone. People you love, organizations you’ve benefitted from over the years, groups doing work you believe in… give it some thought.
• If you have children, you’ll want to choose a guardian for them, if the worst should happen. This one may take a bit of thought. Approach them early to confirm that they would be able to take on this responsibility.
• Who would you want to serve as the Executor and Trustee? As the Power of Attorney for Personal Care? And Power of Attorney for Property? Your buddy who is really nice and you love sooooo very much, but is disorganized and easily overwhelmed when decisions need to be made… they are not the right person for the job. Decisions will need to be made, and actions taken and managed. Choose wisely.