Questions to Ask an Estate Lawyer Before Your First Meeting
Walking into a lawyer's office prepared saves you time, money, and ensures you get the right advice. Here's what to ask and what to bring.
Before you book: screening questions
Not every lawyer specializes in estates. Ask these before your first appointment:
- "What percentage of your practice is estate planning and wills?" — You want someone who does this regularly, not occasionally.
- "What will this cost? Do you offer a flat fee for wills?" — Most estate lawyers offer flat-fee packages. Get the number upfront. See: Will costs in BC
- "Do you prepare all three documents (will, POA, representation agreement)?" — You need all three. Why all three matter
- "How long does the process take from first meeting to signed documents?" — Typical: 2-4 weeks.
What to bring to your first meeting
Coming prepared makes the meeting more productive and may reduce your legal fees:
Personal information
- Full legal names and dates of birth for you, your spouse, and your children
- Your marital status and length of relationship (especially if common-law)
- Any previous marriages or common-law relationships
- Whether you have children from different relationships
Financial information
- A list of your assets: real property, bank accounts, investments, vehicles, business interests
- Approximate values (doesn't need to be exact)
- How property is titled (joint tenancy or tenants in common) — check your title
- Existing beneficiary designations on RRSPs, TFSAs, life insurance, pensions
- Outstanding debts: mortgage, loans, lines of credit
Your decisions (or questions)
- Who you want as executor (and alternate)
- Who you want as guardian for minor children (and alternate)
- How you want assets distributed
- Any specific bequests (particular items to particular people)
- Who should be your attorney under the POA
- Who should be your representative for health care decisions
- Any concerns about family disputes or will challenges
Questions to ask during the meeting
About your will
- "Do I need a trust for my children, or is a simple will enough?"
- "What happens if one of my beneficiaries dies before me?"
- "How likely is it that my will could be varied (challenged)? What can we do to reduce that risk?" — How variation works
- "Should I include digital assets in my will?" — Digital assets guide
- "How should I handle my RRSP/TFSA beneficiary designations — do they align with my will?"
About probate and taxes
- "What will probate cost on my estate?" — Use our calculator
- "Are there any strategies to reduce probate fees that make sense for my situation?"
- "What are the tax implications of my estate plan?"
About the process
- "Will you store the original will, or should I?"
- "What happens if I need to update this in the future? What do you charge?"
- "Is there anything about my situation that makes this more complex than a standard will?"
Red flags
Consider finding a different lawyer if:
- They won't give you a clear cost estimate upfront
- They rush you through the meeting without understanding your situation
- They don't ask about your family situation in detail
- They only prepare a will, without discussing POA and representation agreements
- They don't explain what they're recommending and why
A good estate lawyer makes the process feel straightforward. They ask the right questions, explain the options in plain language, and ensure your documents work together. If you leave the meeting more confused than when you arrived, the lawyer isn't the right fit.
Disclaimer: This article provides general guidance about preparing for a meeting with an estate lawyer. It is not legal advice. Individual circumstances vary. The questions suggested here are for informational purposes and may not cover all situations.