Legal Question in Wills and Trusts in Canada

If a lawyer probates a will do they get a fee or a percentage of the inheritance?


Asked on 4/04/11, 3:01 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

In British Columbia, if the lawyer is the executor normally he or she charges a percentage, but often the will allows the lawyer a fee as well; it usually depends on the terms of the will. If the lawyer "probates" the will in the sense that the lawyer is hired by the executor to do the legal work (and often some or all of the executor's work as well), then the executor and the lawyer can make whatever arrangement they want - many lawyers will insist on a percentage fee, and if the executor says to go ahead, then the lawyer is hired on that basis.

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Answered on 4/04/11, 4:19 pm


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