There aren't many things that get me fired up quite as much as hearing someone tell me they felt pressured to use a dead person's lawyer to administer an estate - despite the fact that they really wanted to use someone of their own choosing.
It's a misconception almost as common as 'lightening never strikes twice', or 'bats are blind' or 'humans only use 10% of their brain (granted for some humans that may in fact be true!) that the lawyer of the will-maker should be engaged to administer the will they prepared.
A person chooses a lawyer to write their will for any number of reasons; they were cheap, they were local, they were connected to their family, they were good-looking (probably not that), usually because they came recommended or they came up first in a Google search.
The will maker and the lawyer sit at a desk across from each other for a few hours before the will they create gets placed in the lawyer's filing cabinet for, usually, years.
When the will maker dies the people left to administer or manage the estate have the opportunity to choose their own lawyer; for all their own reasons.
Yet most people believe they don't have a choice - that they are bound by law, duty, or obligation (or that it's just easier) to work with the dead person's lawyer.
So they sit at the desk of the dead person's lawyer disempowered, and often disadvantaged.
Here are three key reasons that living people should choose the lawyer they want to work with to administer the estate.
Provides an alternative view
A key reason for executors to seek their own legal representation is to provide a fresh set of eyes, or a second opinion if there are decisions that have been made by the willmaker that cause conflict or would benefit from a different approach during the estate management process.
Like any professional, lawyers are quick to defend and justify their own work and wills are no different. Whilst a will may be legally valid there are often times an alternative point of view is beneficial in planning a way forward.
If the will is being managed by the same person who drafted it, that lawyer's knowledge of the will's nuances might inadvertently lead to decisions that are more reflective of their interpretation rather than the will-maker's original intentions.
Minimises emotional stress
Administering an estate can be a long, overwhelming and emotional task. As the executor you will have a lot of contact with the lawyer you engage to obtain a grant of probate or manage the finalisation of the estate so it's important you feel you have engaged a person you personally can trust and get along well with.
Many lawyers forget (or don't realise in the first place) that estate administration isn't about continuing to look after the will-maker, it's to take care of the living people left behind.
As an executor you can also take responsibility for ensuring you have autonomy and exercise your right to choose who you wish to work with to administer the deceased estate.
Maintain family relationships
Family dynamics are rarely uncomplicated and administering a will can be a time of high tension amongst beneficiaries, especially if they feel the executor or laywer has too much influence or control.
Working with a lawyer that can support you whilst also managing the wider family and beneficiary dynamics will go a long way to ensuring all parties feel the process is being handled fairly and impartially.
What if I actually like the lawyer who wrote my dead person's will?
Not all lawyers are created equal and some people choose to work with a particular lawyer because they know their family will be supported by them in the way they need or want.
If your will-maker did a good job then there's no reason for you not to work with them - the point of this article is to encourage you to make a conscious choice - not blindly follow what you think is easiest or what you believe you're obliged to do.
I absolutely love working with the families of my strong willed people and take great pride in taking care of them in the way I know their dead person would have wanted.
But I also understand I'm not everyone's cup of tea and if a family doesn't find me as funny as their will-maker did - then I'm happy to take the will out of my safe and courier to whoever will serve them better. No hard feelings.
Managing a deceased estate or preparing to be an executor in the near future? Reach out to Your Estate Lawyer for a no-obligation chat about how we do estate management and estate administration differently.