Last Revised October 16, 2017
Thank you for choosing Mandani Law to assist you with your Wills and/or Powers
Please do not hesitate to contact our office at any time if you have any
questions as the document preparation progresses. We can assist with executing
the documents and witnessing them in our office in Ancaster. Someone from
our office will contact you to arrange such a meeting closer to when your
documents are ready.
Please review this agreement thoroughly. This agreement establishes the
solicitor-client relationship (i.e. lawyer and client). If you do not
understand any of the terms or language, please contact us and we will
gladly explain any questions you may have. This agreement sets out the
rights and responsibilities between our law firm and you the client.
This retainer agreement confirm that you have requested that Mandani Law
Professional Corporation, act for you and that we are prepared to advise
and represent you with preparing your wills and powers of attorneys. If we
are preparing Wills for you as spouses, they will be drafted as mirror
wills and powers of attorneys between you and your spouse, unless you
At this time, we have not been retained to represent you generally or in
connection with any other matter. Furthermore, we will not be advising you
on the tax consequences of transaction as we do not practice tax law. We
will work with your chosen tax advisor and integrate their instructions
into the documents we prepare. We reserve the right to charge additional
fees for services where we are required to amend our standard documents.
During the retainer, we have authority to act for and on behalf of you in
connection with such matters and to conduct such matters in all respects.
Except where you have specifically instructed otherwise, we may act on your
behalf and bind you in all necessary and related legal forms and procedures
within reason and we will be expected to take all steps reasonably
necessary to further and protect your interests.
It is very common for spouses to have “reciprocal” or “mirror” Wills- that
is, Wills which are almost identical, so as to give effect to a common
intention. In the absence of an agreement to the contrary, there is no
legal restriction which prevents either of you from changing your Will (for
example, if one of you dies, the survivor could change his or her Will). If
a couple prefers to relinquish flexibility in favour of a legally binding
obligation, they can enter into a “Mutual Will Contract”- which is an
agreement that neither shall unilaterally change his or her Will, either
prior or subsequent to the death of the other.
If you require a Mutual Will Contract, please advise us.
The Law Society of Upper Canada and your mortgage lender require us to
verify your identity. We must also ensure your matter doesn’t conflict with
another matter or client.
At our meeting, we will require each person, to bring two pieces of
identification, one of which must be Canadian/Federal or Provincial
government-issued photo identification such as a driver's licence or
passport. Unfortunately, a health card is not acceptable identification. If you
have any questions about what is an acceptable form of identification or if
you do not have Canadian/Federal or Provincial photo identification, please
contact us as soon as possible.
To ensure that your estate planning objectives are fulfilled, it is
important that the desired beneficiary designations are in place for all
applicable plans and policies (e.g. RRSP’s, RRIF’s, life insurance).
Provided that the designated beneficiary survives you, the proceeds pass
“outside of the Will”- in that they will not comprise part of your estate
and are therefore not subject to probate fees or claims from creditors of
the estate. In the case of an RRSP or RRIF for which the spouse is the
beneficiary, upon death of the planholder, the plan can be rolled into the
surviving spouse’s RRSP or RRIF tax-free.
Your Wills will not contain beneficiary designations pertaining to
RRSPs/RRIFs, pension plans or annuities or life insurance policies. we
suggest that any formal designations be made on the prescribed forms of the
applicable financial institutions.
STORAGE OF WILLS & POWERS OF ATTORNEY
After they have been signed, we will provide you with the original Wills and Powers of Attorney
which you should store in a safe place (other than a safety deposit box)
with your personal papers.
FEES AND PAYMENT
Our fee to prepare each standard Will is $250 plus HST plus disbursements. Our
fee for each standard Powers of Attorneys are $75 plus HST for each Power of
Attorney. Custom documentation is subject to additional fees.
You will be billed for disbursements and fees. Fees are based on factors
such as the difficulty and importance of the matter; special circumstances
such as urgency; whether special skill or service is required and provided;
the value of the subject matter; the results obtained; and on the time and
effort involved, calculated on the basis of time spent at our current
You will be charged HST on fees, and HST on some disbursements.
Fees Collected On Terminated Or Cancelled Matters With Flat Rate
Please note for matters that have flat rate fees such as standard Wills and
Powers of Attorneys, we reserve the right to charge for our time and
resources spent up to the termination of the solicitor-client contract.
Mandani Law shall have the right to charge for its time and resources on
files that are terminated as a result of client negligence. For clarity,
Mandani Law shall have the right to charge for its time and resources for
if a flat rate closing file fails to close for any reason.
EXPENSES AND ALLOCATED CHARGES (ALSO CALLED DISBURSEMENTS)
You will also be responsible for reimbursing us for expenses (also called
disbursements) we incur on your behalf and office charges allocated to your
file. These include long distance calls, faxes, postage, deliveries, travel
expenses, photocopying, government filing and search charges and the fees
of agents who conduct investigations, searches, and registrations and all
other reasonable out of pocket expenses and office charges.
INTEREST FOR UNPAID ACCOUNTS
Under the Solicitors Act, bills for fees and disbursements
remaining unpaid more than 30 days after the bill is delivered, will bear
interest at a prescribed rate as specified on the bill. Payment is due on
all of our accounts when rendered. If any account is not paid within 30
days, interest will be charged on the outstanding balance at a rate of 5% per annum from the date of the account, until paid.
TERMINATION OF LEGAL SERVICES
You have the right to terminate our services to you upon written notice to
Subject to our obligations to you to maintain proper standards of
professional conduct, we reserve the right to terminate our services to you
for good reasons which include, but are not limited to:
(a) if you fail to cooperate with us in any reasonable request;
(b) if our continuing to act would be unethical or impractical;
(c) if our retainer has not been paid;
(d) rude or aggressive behaviour to any of our staff; or
(d) if you fail to pay our accounts when rendered.
If you terminate our services or we withdraw, you would only have to pay
our fees and expenses up until the time we stopped acting for you.
JOINT RETAINER – EXPECTATION OF CONFIDENTIALITY
For matters with more than one client
For spouses or matters with more than one client, you are deemed to have
jointly requested us to prepare your wills in the form enclosed after a
full consideration of your respective assets and wishes. The undersigned
hereby acknowledge being advised by, us, Mandani Law Professional
Corporation that you we are acting for both the undersigned, in the above
transaction, and notwithstanding being so advised, the undersigned hereby
expressly consent to Mandani Law Professional Corporation and its lawyers
in this capacity.
At the time of taking instructions for these wills, we advised each of you
together that as between both of you, any confidences which you have
provided us relating to either or both of your wishes are held by us on the
understanding that if any conflict of interest is disclosed to us
respecting either of your interests, we are bound to disclose that conflict
to the other of you. The undersigned further acknowledge having been
advised that in the event of a material conflict between them, which cannot
be resolved, that Mandani Law Professional Corporation will advise us
thereof, and it may be necessary for you to discontinue acting for either
party in this matter.
In other words, there are no secrets between the three of us affecting
either of your respecting these wills and the dispositions in connection
with your estate and we am bound to discuss with each of you any subsequent
changes either of you may wish to make.
The undersigned further acknowledge being advised that ALL
information received in connection with this transaction from either party
cannot be treated as confidential insofar as the other party is concerned,
and that the rules of the Law Society of Upper Canada require that when law
firms act for both parties, this fact should be revealed to the other party
with a recommendation that the other party obtain independent
CONFLICT OF INTEREST – JOINT RETAINERS
In accordance with the Rules of Professional Conduct that govern solicitors
in the Province of Ontario, we wish to remind you of the potential conflict
in acting for both of you in this matter and confirm the basis on which we
agreed to proceed. Firstly, all information received from either of you in
connection with the preparation of your Wills cannot be treated as
confidential insofar as the other of you is concerned. Secondly, if at a
later date, one of you (“the Changer”) wishes to retain us to change these
documents in a manner which is inconsistent with the interests or wishes of
the other party, we would not be able to act on the Changer’s behalf
· the other party has been informed of the subsequent instructions, or the
Changer agrees to having us inform the other party (note, however, that in
the absence of the Changer’s consent, we will not provide such notice to
the other of you); or
· the two of you are not cohabiting and appear to have permanently ended
your close personal relationship; or
· one of you has died.
OFFICE HOURS AND RESPONSE TIMES
Mandani Law’s regular office hours are 10 AM to 6 PM, Monday through
We aim to manage and prioritize our clients’ files depending on the nature
and need of each matter. As such, please allow us to return your emails,
phone calls and faxes within one business day. Emails, calls, and faxes
received on holidays or weekends will be responded to the following
business day. Please only leave a maximum of two messages a day on our
voicemail, email, or fax systems.
INITIAL RETAINER - DEPOSIT
If you want us to proceed on the basis described above, please digitally
sign this agreement submit it online.
We require 50% of all fees to be paid up front for us to initiate the
file which will be held in our trust account until billed out.
Alternatively, if you decide that you do not want us to proceed on your
behalf in this matter, please inform us promptly.
YOUR AGREEMENT TO THE RETAINER AGREEMENT FOR SOLICITOR AND CLIENT
By entering in your information below and by clicking “I Agree”, you are
acknowledging that you have read this retainer agreement in full and that
you agree to abide by the terms set out above.
If you do not agree to this retainer agreement, there is no
solicitor-client relationship. Do not fill out the information below and
submit this form agreement if you do not agree to these terms. Please
advise us immediately of any questions, concerns, comments or if you do not
agree to this retainer agreement.
Below you can upload relevant documents relating to your Will. You can upload scanned documents or photos from a smartphone.
If you don't have a scanner but have a smartphone you can try to use a
scanner app such as CamScanner (Available for
) which allows you to capture documents into a PDF using your phone’s
camera. You can then save the PDF to your device or email the file.