Most lawyers will explain to Alex, Jeremy’s father, why his son must wait in reception. Alex’s lawyer must meet with Alex alone so all information remains confidential.

Alex must be free to ask questions about his intentions and options without anyone else in the room.

The lawyer does this in private so Alex is comfortable raising any issues he has.

The lawyer must fully understand Alex’s wishes in preparing his will by asking questions to learn:

• who is to be trusted as his executor
• what property he has and how it is to be divided
• who he wishes to receive his property
• if there are valid reasons to disinherit anyone

If Alex made a dramatic change from his previous will, his reasons must also be recorded by his lawyer.

Though lawyers need not agree with Alex’s wishes, they have a duty to explain the law. They must assess if Alex’s reasons are legitimate and not imaginary or unduly influenced by someone putting pressure on him.

Making a Will – Avoiding Conflict of Interest

This is another issue that becomes a concern if Jeremy is present during his  father’s interview. No one should be there at the time when either will instructions are given, or when the will is signed.

The lawyer’s duty is to ensure no one who has an interest in the will or who could possibly influence any parent’s decisions is present.

The best way to demonstrate this is to show that the lawyer was instructed in private; no one else was present with a potential conflict of interest.

Since Jeremy may be a beneficiary under Alex’s will, the lawyer is actually protecting the son by asking him not to participate. Otherwise, Jeremy could end up in court trying to prove to a judge he did not influence his father to leave him a larger share of his estate.

What if Alex’s will is later challenged by someone who has a financial interest in his estate? Jeremy may be forced to prove in court that he did not manipulate his father.

That’s another reason for Jeremy to wait in the lawyer’s reception.

What if a friend or relative is in trouble? They telephone you asking for help to hire a lawyer. What happens if you call a lawyer for them?

Well, this complicates things when you act as a go-between. You may not understand why until you finish reading this.

Let me give you 3 examples to explain. You can answer “Yes” or “No” to test yourself.

Do you think a lawyer should help if you called one saying:

1. I need a power of attorney for my mother. Can you prepare one for me?

2.  My father is in a nursing home. I was told you could transfer his property to me to avoid probate.

3. My sister wants me to prepare a will leaving me all her property.

The Correct Answer

“No” is the answer in all cases. A lawyer should not act on instructions from you on behalf of a friend or relative.

Lawyers must always comply with their professional obligations. This means they must meet with their client, confirm their identity and instructions.

Usually, callers would be screened to determine if there were any potential ethical concerns.

You would be asked questions such as:

• does your relative know that you are calling?
• does your relative have a power of attorney naming you as his attorney?

A lawyer may be able to represent your parent, but not you as well.  You would also be screened for potential existing or future conflicts of interest.

In such matters, it is better for your relative to call a lawyer directly.

Caution! Estate Potholes on the Web

If you cruise the Web looking for legal information about wills or estates, beware!

Information you find about estate planning or about an estate executor’s duties may not apply to you.

There are different estate laws in each jurisdiction. When it comes to wills and estates, a lot depends on what side of the Canadian-American border you live on.

Federal income tax laws are different on each side of the border. Canada has no federal estate inheritance tax on the overall size of the person’s estate. In the United States, reducing gift and estate taxes can require sophisticated estate planning.

Each province or state may have specific estate laws that apply to their citizens and property located within their borders. For example, provincial probate taxes are calculated differently and at various rates in each province.

Search Tips to Remember About Estates

1. Start your Internet searches by limiting them to your particular jurisdiction.

2. Never assume that what you read on the Internet is legal advice that applies to you.

3. Replies to your e-mail inquiry are also not substitutes for legal advice on your particular situation.

When it comes to advertising, law firms are not allowed to make claims about their competence or guarantee results. They must always act with integrity. Bragging or boastful claims to be the best should be signs of danger ahead.

Lawyers have a license to practice law in a particular jurisdiction. Make sure you have not accidentally crossed the border while you are searching.

If you are a member of the public, it is important to know information you’re reading and how it may apply to you.

Check to make sure the geographic location of the lawyer’s offices is in the correct province if you’re looking for information.

Legal Advice Versus Legal Information on Wills and Estates

There’s an important distinction between researching general legal information and getting legal advice.

Before giving legal advice, lawyers must always be careful to:

• avoid any conflict of interest with an existing client
• receive and keep information confidential
• not answer questions without identifying all necessary background information to avoid errors

What is a Conflict of Interest?

Having a conflict means of a lawyer cannot advise or represent both sides in a dispute.

A lawyer cannot accidentally give advice to someone who is in conflict with an existing client. That is why you find most law firms’ websites contain privacy terms disclaimers, warnings and terms of use.

Reputable law firms will confirm what appears on the website or blog is not legal advice.

Communicating any information that is sensitive confidential electronically can be dangerous.

Therefore, if you are reading information from this website or blog, you must understand the terms of use. You can only obtain legal advice for your specific particular situation after:

a) a face-to-face meeting
b) an identity and conflict check and
c) you sign a retainer agreement.

Don’t think all estate lawyers are the same.

Get advice from an experienced estate lawyer who understands your situation. With help, you can steer around dangerous estate potholes.

2009 © MrWills.com. All rights reserved. You may reprint this article provided you credit the author and this website as its source.

This information is not financial, legal, tax advice or a substitute for professional advice. Always consult with a professional before taking any action.

Ed Olkovich B.A. LL.B C.S. TEP is a Toronto lawyer, certified specialist in Estates and Trusts Law. Ed is frequently quoted as one of Canada’s leading estate experts. He is the author of several books including Executor Kung Fu and Estate to the Heart, both available at EstateTherapy.com or by calling 416.769.9800.

Contact Ed Olkovich’s office here or call 416-769-9800 to arrange a consultation today.