My wife took an online sourdough course in early 2020, just before the pandemic hit. I鈥檝e survived five years of continuous fresh sourdough loves in my home.
Not just loaves. The internet is replete with recipes for other things that can be made with sourdough or the 鈥渄iscard鈥�: scones, bagels, pancakes, crackers, granola, buns, pizza, focaccia, cookies, cakes鈥�
My sister-in-law, a bit of a foodie, has said when referring to the incorporation of sourdough in other items: 鈥淛ust because you can, doesn鈥檛 mean you should鈥�.
There鈥檚 wisdom in those words.
I鈥檝e muttered them with conviction after installing a light fixture, an above range microwave and a dishwasher, and after putting together a barbeque or piece of Ikea furniture. Bloody pains in the anoosdagoose.
Now, after a four-column series to help you apply for an estate grant without paying a bunch of money to a lawyer, my wife has suggested that I share those words in this context as well.
Just because you can apply for an estate grant without a lawyer doesn鈥檛 mean you should.
It was two years ago when my wife and I started working on our first estate file.
The words 鈥渇rustrating鈥�, 鈥渃onfusing鈥� and 鈥渁aaaarrrrrrrggggghhhhhh!!!鈥� come to mind.
Having done a bunch of them has made it a walk in the park for us, but that first file was a royal pain.
They don鈥檛 come with a comprehensive set of instructions. And the information you can find online can seem like it鈥檚 in a different language.
I approach many decisions on a cost-benefit analysis.
An obvious cost is the fees you would spend for a professional to obtain an estate grant for you.
I recommend that you call around to get quotes, just like you would for any other significant purchase. There can be significant variations in price.
If you do the work of obtaining the estate grant on your own, you will save that expense.
Well, that鈥檚 not technically correct.
The estate will save that money. Not you, the executor.
An executor is not out of pocket for the expense of hiring a legal professional to obtain the estate grant. That expense will be paid by the estate.
The executor is saddled with all sorts of duties. And is entitled to claim a fee from the estate for doing that work.
An executor fee will be reduced if they spend money on a lawyer to take on duties they should reasonably have handled themselves. But it will not be reduced if they hire a legal professional to obtain the estate grant.
Yes, if you are the sole beneficiary, any dollar you spend on a lawyer comes out of your inheritance. But if there is one other beneficiary, your extra work saves you 50% of that expense. Two others and you save one-third.
There are benefits to having a lawyer apply for the estate grant, apart from avoiding the frustrating exercise of doing it yourself.
One is time.
A legal professional will have systems in place to be able to get the job done efficiently, whereas you will be feeling your way through.
And you are bound make errors along the way. Many errors can be rectified quickly and easily. But some can create more significant delay if steps need to be re-done. And some missteps can be quite complex to resolve.
Of course, a law firm鈥檚 systems will work efficiently only if they have the available resources to make your file a priority.
Question firms to find out how quickly they can get to your file. Not just to get the ball rolling, but to keep it moving down the field. Find a firm that can commit that the only delay will be waiting for you or others to provide needed information.
Another benefit of putting the estate grant into the hands of a legal professional is advice and guidance about your role as executor.
I expect that all law firms doing estate grant work will be available to answer your questions. But get confirmation of that and ensure that reasonable enquiries won鈥檛 increase fees.
Finally, there are missteps that could expose you to personal liability, particularly if notices are not issued as required and this is not caught by the registry, or if estate funds are released to beneficiaries prematurely.
This column is not about getting more business for lawyers. Any regular reader of my column knows that鈥檚 not what I鈥檓 about. It鈥檚 about helping you make an informed decision about whether or not you want to do something on your own just because you can.
I should add that I鈥檝e never met a sourdough creation of my wife that I didn鈥檛 thoroughly enjoy!
Paul Hergott
You are encouraged to contact Paul directly at paul@hlaw.ca with legal questions and issues you would like him to write about.
