LIMITED SCOPE RETAINER AGREEMENT

TESTAMENTARY DOCUMENT PACKAGE

THIS AGREEMENT, hereinafter referred to as the “Agreement”, is between Sarah Gravelines (“the Lawyer”) and the individual identified through the online acceptance process (“the Client”).

This is a limited scope retainer solely for the preparation of the Testamentary Documents and any witnessing or execution assistance requested or arranged.

By accepting this Agreement,  the Client retains the Lawyer to provide the services described in this Agreement.                

Representation and Duties of the Lawyer.  The Lawyer is retained solely to prepare a Manitoba Last Will and Testament, General Power of Attorney, and Health Care Directive for the individual or individuals covered by the applicable base service (collectively, the “Testamentary Documents”).  The base service is limited to preparation of the Testamentary Documents based on the information and instructions provided by the Client, together with execution instructions; it does not include witnessing or execution assistance unless requested or arranged for an additional fee, and it does not include estate-planning advice, consultation, analysis, recommendations, tax planning, trusts, or broader estate-planning services.

The Lawyer will provide the following services (the “Covered Services”):

1.      Preparing a Last Will and Testament;

2.      Preparing a General Power of Attorney;

3.      Preparing a Health Care Directive (the three prepared documents collectively referred to as the “Testamentary Documents”);

4.      Communicating with the Client to obtain information and instructions necessary to prepare the  Testamentary Documents;

5.      Delivering the  final Testamentary Documents to the Client by email in PDF and Word formats (unless otherwise agreed);

6.      Providing the Client with instructions for the proper independent execution of the Testamentary Documents.

Services Not Included (Not Covered By This Agreement)

Unless witnessing and execution assistance is requested or arranged, the Client is responsible for arranging eligible witnesses and ensuring that the Testamentary Documents are properly executed by the applicable individual in accordance with the Lawyer’s instructions.  The Lawyer is not responsible for an improperly completed or executed document where the Client does not follow those instructions or provides incomplete or inaccurate information.

1.      Estate-planning advice, analysis, recommendations, tax planning, trusts, and broader estate-planning services are not included. Estate-planning consultation may be available for an additional charge only if separately agreed in advance;

2.      Representing the Client in any probate, administrative, or other proceeding, or communicating or negotiating with third parties on the Client’s behalf;

3.      Witnessing or assisting with execution unless the service is requested or arranged;

4.      Applying for probate, administering an estate, preparing trusts or corporate documents, or providing accounting, financial, or tax advice.

Duties Of The Client

The  Client agrees to provide complete, accurate, and current information and instructions requested by the Lawyer, including information concerning identity, family relationships, intended beneficiaries, assets and liabilities, proposed executors, attorneys, and health care proxies, and any existing testamentary documents relevant to the engagement.  A delay in providing requested information or documents may delay completion of the Testamentary Documents.

The  Client acknowledges that the Lawyer is relying on the information and instructions provided by the Client, and that errors or omissions may affect the validity, operation, or suitability of the Testamentary Documents.

The Client agrees to review all drafts promptly and carefully, including the spelling of names, relationships, appointments, gifts, and distribution instructions, and to advise the Lawyer of any correction or change before signing.

The  Client confirms that their instructions are given freely, that they understand the nature and effect of the Testamentary Documents, and that they will advise the Lawyer of any concern regarding capacity, undue influence, or pressure from another person.

The  Client agrees to cooperate reasonably, remain available for necessary communications, and promptly advise the Lawyer of any material change in circumstances or instructions before the Testamentary Documents are finalized.

Termination Of Representation

The base document-preparation service is complete when the Lawyer delivers the final Testamentary Documents and execution instructions to the Client, unless the Lawyer and the Client agree otherwise in writing.  Delivery will be by email in PDF and Word formats, unless otherwise agreed.

The fees and services for this limited scope engagement are set out below.        

Fees. 

The available fees and services are as follows:

Preparation of the Testamentary Documents for a single individual is available for a fixed fee of $400.00 plus applicable taxes. 

Preparation of the Testamentary Documents for a couple is available for a fixed fee of $600.00 plus applicable taxes.

            The base fee covers preparation and delivery of the Last Will and Testament, General Power of Attorney, and Health Care Directive, together with execution instructions, for each individual covered by the applicable base service.  It does not include witnessing and execution assistance or any additional advice or work described below.

Witnessing and Execution Assistance:  If witnessing or execution assistance is requested or arranged, an additional fixed fee of $150.00 plus taxes applies.  The Lawyer will arrange a signing appointment, assist with proper execution, and act as or coordinate a witness where legally appropriate.  This service does not include estate-planning advice, consultation, analysis, recommendations, tax planning, trusts, or broader estate-planning services.

Legal Advice, Answering Questions and Estate Planning Consultation:  Estate-planning consultation is not included in the base service and may be available for an additional charge only if separately agreed in advance.  The Lawyer and the Client must agree in writing on the scope and fee before any such consultation is undertaken.                                

Termination of Services.   The Client may terminate the representation at any time by notifying the Lawyer.  Termination does not relieve  the Client of the obligation to pay any agreed fee owing for services performed before termination.

Subject to applicable professional obligations, the Lawyer may terminate the representation and cease providing services under this Agreement if:

1.1.            The Lawyer discovers a conflict of interest or other professional reason that prevents the Lawyer from continuing;

1.2.            The  Client fails to pay an agreed fee when due under this Agreement;

1.3.            The Client provides materially incomplete, inaccurate, or misleading information or instructions;

1.4.            The  Client does not cooperate, does not provide timely instructions, or otherwise makes it unreasonable for the Lawyer to continue the engagement;

1.5.            The Lawyer and  the Client cannot agree on the scope of services, instructions, or another material aspect of the engagement.

Miscellaneous Terms. 

1.1.            Each provision of this Agreement is severable. The invalidity or unenforceability of any provision, paragraph, subparagraph, sentence, clause, phrase, or term of this Agreement does not affect the validity or enforceability of any other provision, paragraph, subparagraph, sentence, clause, phrase, or term of this Agreement.

1.2.            By accepting this Agreement,  the Client acknowledges that the Lawyer has not promised any particular legal or practical outcome, that the Lawyer’s services are limited to the scope stated in this Agreement, and that the Client will promptly raise any concern or misunderstanding about the services being provided.

1.3.            By accepting this Agreement, the Client confirms that they have reviewed this Agreement, understand its limited scope and fees, have had an opportunity to ask questions, and may obtain independent legal advice before accepting.        

1.4.            Confidentiality.  The Lawyer will keep the Client’s information confidential subject to law and professional obligations.

1.5.            File Handling.  The Lawyer will maintain and close the file in accordance with professional obligations and the Lawyer’s file-management policies.  Any original documents provided by the Client will be returned upon request, and file materials may be retained or destroyed in accordance with those obligations and policies.

Communication.  The Client is encouraged to ask questions about the scope, fees, or services and to promptly notify the Lawyer of any concern about the engagement or any statement of account.

Please indicate your agreement by submitting the acceptance form below