Frequently Asked Questions about
our Flat Fee Estate Service
1. Why do you charge a flat fee when other estate lawyers charge a flat fee plus percentage?
This is a common question from people who have seen what other lawyers charge for estates (which are substantially higher). Some people think that there may be a “catch” to our advertised fee, and we will charge some hidden or additional costs.
To be clear, our fees are exactly as advertised. There are no hidden or surprise fees. We charge the same fee for every simple Probate or Administration application that we do. In cases where we deem it to be a “complicated” estate, we charge the base flat fee for the application plus additional fees based on the amount of additional work involved. This additional work will always be discussed up front and we come to an agreement with the client before taking those additional steps. That being said, we find that the vast majority of applications that we complete qualify as “simple”.
We charge a flat fee instead of a flat fee plus percentage for a few reasons. First, our firm utilizes technology (including our own internal processes and software) to ensure that we are operating efficiently, which allows us to save time and complete the work faster than other law firms (which typically have waiting periods of weeks or months). This efficiency means we can charge less than more traditional firms that do not have the same processes and resources.
Second, we just believe it is a more fair method of billing. The legal work that goes into completing an estate usually doesn’t increase with the value of the estate, so why should the legal fees? The amount of work for a $100,000.00 estate can be equal to the work in a $10,000,000.00 estate. It does not seem reasonable or fair for us to be charging more just because there are a few more zeros on the value of the state.
2. What are some issues that would make an estate more complicated (and increase the legal fees)?
One example is when a beneficiary is difficult to locate or contact. When a Personal Representative completes an application for Probate or Administration, notice of the application is served on each beneficiary. Where a beneficiary is difficult to locate it may be necessary to hire an investigator to find where they live. It may also be necessary to get a Court Order so that the beneficiary can be served by some special means, like posting notice in a newspaper.
Another example is estates with significant number of beneficiaries (8 plus), and with beneficiaries who are outside of the country, creating more legal work needed to serve the notices.
A further example is where there is a defect in the will. There are certain rules that need to be followed when a will is signed, and if the will is not valid then the Personal Representative may have to make another court application to validate the will.
Another example would be where there is a potential claimant of the estate. An estate may be challenged by someone, like a spouse or an adult child with a disability. These “claimants” can bring a lawsuit against the estate for financial support.
As a last example, there may be a person who wants to challenge the estate because they believe the deceased had mental concerns that made the will invalid, or that a beneficiary somehow wrongly influenced the deceased.
In the event that a complication like these arises, we immediately advise the client of the complication and give advice on how to proceed. As noted above, we will make an agreement with the client on any additional fees before more work is completed.
3. What is included in your flat fee Probate or Administration application service?
Our basic “package” is to do all the legal work necessary for a Personal Representative to receive a Grant of Probate or Grant of Administration. Specifically, we will
Review the will (if a will exists) with the Personal Representative, provide general legal advice on the estate and take instructions regarding proceeding with the Grant application;
Receive and review the information about the estate’s assets and debts;
Receive and review information about the deceased;
Receive and review information about the beneficiaries and potential claimants of the estate;
If there is real estate in joint names, file a document with Land Titles to change title into the surviving person’s name;
Prepare all documentation (including electronic documentation, if applicable) for the Grant application, review it with you, and submit that documentation to the Court;
Arrange to serve all notices to beneficiaries and claimants;
Respond to any questions or requests for clarification made by the Court; and
Provide you with a copy of the Grant once received.
4. What additional steps or work can you provide, and what are the costs?
Our firm provides most other services necessary for concluding an estate, except for litigation (lawsuits) against the estate. Our law firm does not act in contentious court matters.
The services that we provide in addition to our “basic” application are:
Publishing a Notice to Creditors - which is important where a Personal Representative is unsure if the deceased owed debts - $100.00 plus GST and publishing costs
Accounting to Beneficiaries - which may not be necessary where the Personal Representative is the sole beneficiary, but is important in other estates - $1,050.00 plus GST for a basic Accounting (Releases are included)
Releases for Beneficiaries - when the estate is ready for distribution, it is best to have the beneficiaries agree to the Accounting and their distribution so they can’t sue the Personal Representative or the estate - nil (included in price of Accounting)
Transmission of Land - places real estate in the name of the Personal Representative so that they can arrange to transfer or sell the property - $200.00 plus GST and Land Titles filing fees
Transfer of Land to Beneficiary - where a beneficiary is given a specific gift of real estate - $350.00 plus GST and Land Titles fees
Sale of Real Estate - if there is property that needs to be sold and the funds paid to the estate - $950.00 (or $1,050.00 for a condo) plus GST and third-party fees (such as couriers)
Application for Substitutional Service - if a beneficiary can’t be located or served - $1,500.00 plus GST and court filing fees
It is our experience that by the conclusion of an estate, our clients have saved thousands of dollars compared to what they would pay according to the typical flat fee plus percentage rate.
If you have more questions, or are interested in a free consult,
call us at 403-247-2111, email us at firm@ramsaylc.ca,
or fill out our online form: