Why choose a small law firm working specifically with Wills and Estates over a big universal one?
Choosing a law firm for a Will, an estate or a succession dispute is not necessarily the same decision as choosing a lawyer for a commercial transaction, a routine contract or a general civil matter. Wills and Estates law frequently involves a combination of legal rules, family relationships, property rights, taxation considerations, incapacity issues and questions about the intentions of a deceased person.
For that reason, a person looking for an estate lawyer may wonder whether it is better to choose a small law firm working specifically with Wills and Estates or a big law firm offering services across many areas of law.
There is no universal answer. Both small and big law firms can provide excellent legal representation. The more useful question is whether the structure, experience and working methods of a particular law firm correspond to the needs of the estate matter in question.
Wills and Estates are often more complex than they appear
A Will may look like a relatively simple document. An estate may initially seem to involve little more than identifying the heirs, collecting assets, paying debts and distributing what remains.
In practice, unexpected issues can arise quickly.
Questions may concern the validity or interpretation of a Will, the identity of heirs, the powers and responsibilities of a liquidator, the ownership of property, gifts made before death, jointly held assets, debts of the estate, incapacity of the deceased before death or disagreements between family members.
A succession can become particularly complicated when several legal subjects intersect. A dispute concerning a house, for example, may simultaneously raise questions of estate law, co-ownership, family patrimony, matrimonial rights, occupation of the property and reimbursement of expenses.
This is one reason why choosing a law firm based only on its overall size may not be particularly useful. The firm’s actual experience with the specific problems commonly arising in Wills and Estates may be more important.
The potential advantage of a focused small law firm
A small law firm that regularly works with Wills, Estates and related matters may encounter similar succession problems repeatedly.
This concentration can be useful because estate files often follow patterns that are not immediately obvious. A lawyer accustomed to succession matters may recognize at an early stage that a seemingly minor disagreement could eventually affect the administration of the entire estate.
The lawyer may also be familiar with the practical sequence of an estate dispute: determining what documents exist, identifying interested persons, examining the Will, understanding the status of the liquidation, preserving relevant evidence and deciding whether negotiation or judicial intervention is appropriate.
A focused practice does not guarantee a particular result. It may, however, reduce the amount of time required to understand the legal and practical context of an unusual estate problem.
Direct access to the lawyer handling the estate
One of the differences sometimes associated with a small law firm is the degree of direct communication between the client and the lawyer responsible for the file.
Estate matters can develop over months or even years. New documents may appear, family members may change their positions, assets may be discovered and urgent decisions may become necessary.
Continuity can therefore matter.
In a smaller structure, the same lawyer or a relatively small team may remain closely involved throughout the file. This can make it easier to preserve knowledge of the history of the succession and the positions taken by the various parties.
Large firms can also provide excellent continuity, particularly when they have dedicated estate teams. However, their organizational structure may involve several lawyers, junior professionals or departments. Whether this is an advantage or disadvantage depends on the particular matter.
Understanding the family dimension of an estate dispute
A succession dispute is rarely only about money.
Conflicts over a Will or an estate often reflect family relationships that existed for decades before the death. Siblings may disagree about what a parent intended. A surviving spouse may have interests different from those of the deceased’s children. A liquidator may simultaneously be an heir. One family member may have provided extensive assistance to the deceased during the final years of life.
These circumstances can influence how a dispute develops even when they do not determine the legal result.
A lawyer working regularly with estate disputes should therefore be able to distinguish emotional conflict from legally relevant facts while understanding that the two can affect each other.
A smaller practice concentrating on Wills and Estates may be particularly accustomed to this personal dimension because such files represent a substantial part of its daily work.
Estate law can intersect with incapacity and protection issues
Wills and Estates do not exist in isolation from the events occurring before death.
Questions sometimes arise about whether the deceased understood a transaction, whether another person exercised inappropriate influence, whether a power of attorney or protection mandate was used properly, or whether property was transferred during a period of vulnerability.
An estate lawyer may therefore need to examine events extending many years before the succession opened.
A law firm that works not only with estates but also with incapacity, protection mandates and related family property disputes may be better positioned to understand these connections.
This type of overlap is particularly important where the dispute concerns the circumstances surrounding a Will, substantial gifts, changes in ownership or the management of assets before death.
When a big law firm may be preferable
Choosing a small law firm is not always the best solution.
A large multidisciplinary law firm can offer significant advantages when an estate involves complex corporate structures, major commercial assets, sophisticated tax planning, securities, trusts or extensive business operations.
A big law firm may have specialists in several fields available within the same organization. This can be useful when a succession requires simultaneous advice concerning taxation, corporations, employment, commercial transactions and litigation.
Large firms may also have greater administrative resources for extremely document-intensive litigation or matters involving many jurisdictions and numerous professionals.
The appropriate choice therefore depends less on whether a law firm is small or big and more on what the estate actually requires.
International estates require particular attention
An estate involving more than one country can introduce another level of complexity.
The deceased may have lived in Quebec but owned property abroad. An heir may live outside Canada. A foreign Will may need to be recognized or used in Quebec. Documents issued in Quebec may need to be presented to foreign authorities. Different countries may apply different rules to immovable property, succession rights and estate administration.
In these circumstances, a smaller law firm with substantial experience in international Wills and Estates may sometimes be more useful than a much larger firm without a focused cross-border estate practice.
Conversely, a large international law firm may be advantageous where the succession involves substantial assets and coordinated legal work in several countries.
Once again, specialization and relevant experience can matter more than size.
Cost and proportionality should be considered
Legal costs are another factor when choosing between a small and a big law firm.
Large firms often have substantial infrastructure and access to numerous specialized professionals. That structure can be valuable when the complexity and financial importance of the estate justify it.
For a more focused succession matter, however, the client may prefer a structure in which fewer professionals need to become familiar with the file.
The important question is proportionality. The resources devoted to the matter should correspond to the complexity, value and risks of the estate.
The least expensive lawyer is not automatically the most economical choice if substantial time is required to understand unfamiliar estate issues. Likewise, retaining a large team may be unnecessary for a dispute that can be efficiently handled by one experienced estate lawyer and appropriate support staff.
Questions to ask when choosing an estate lawyer
Instead of asking only whether a law firm is small or big, it may be more useful to consider questions such as:
- How much of the lawyer’s work involves Wills and Estates?
- Does the lawyer regularly handle contested estates as well as non-contentious estate matters?
- Does the practice include related questions of incapacity, protection mandates and property disputes?
- Who will actually be responsible for the file?
- How many professionals are likely to work on it?
- Does the lawyer have experience with the particular problem involved?
- If the estate has an international dimension, does the lawyer regularly deal with cross-border succession issues?
- Can additional specialists be brought into the matter when necessary?
- Is the proposed legal strategy proportionate to the value and complexity of the estate?
The answers to these questions may provide considerably more useful information than the number of lawyers working at the firm.
Small versus big law firm: there is no automatic winner
A small law firm is not inherently better than a big law firm, and a big law firm is not automatically better equipped to deal with every estate.
A focused small firm may offer concentrated experience, continuity and direct involvement in Wills and Estates matters. A large universal or multidisciplinary firm may provide extensive resources and immediate access to specialists in numerous fields.
The right choice depends on the succession.
For many individuals, the most important consideration should therefore not be the size or reputation of the law firm in general, but the experience of the lawyer who will actually handle the Will or estate matter.
When a succession involves family conflict, questions about a Will, a disputed liquidator, incapacity, property rights or international elements, familiarity with these specific problems can be particularly valuable.
Ultimately, choosing a law firm for an estate is a question of fit. The appropriate lawyer should understand not only the legal rules governing Wills and Estates, but also the practical, financial and family realities that determine how succession matters develop.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
