Back to the siteIntake for wills and estates
Client intake for wills and estates.
A wills and estates intake first finds out which of three things the person needs: to make a will, to administer an estate, or to dispute one. Then it maps the family, records who holds which document, and captures every name, because in this practice the other party is usually a relative. The lawyer reads the map before the meeting.
Why intake in wills and estates is different
Three very different matters arrive under one word. A person planning a will needs the intake to draw the family and the assets in outline. An executor needs it to record the death, the will and who holds it, and the estate in headline form. A person disputing a will needs it to capture what is being challenged, by whom, and on what account. All three share one risk: every party is family, and families call the same firms. The conflict check has to hold the deceased, the executor and every beneficiary before the firm hears the story. The intake also has to know what it cannot judge. Whether a person has capacity, and whether a will is valid, are questions for the lawyer.
The questions that matter
- Which matter this is: making a will or power of attorney, administering an estate, or disputing a will or an executor's conduct.
- For a will: the family, including a spouse, children from any relationship, dependants, and anyone the person means to leave out.
- For a will: the assets in outline, the home, accounts, a business, insurance, and who the person wants as executor.
- For an estate: the deceased's full name and date of death, whether there is a will, who holds the original, and who is named executor.
- For an estate: the assets and debts in outline, and whether any institution has already frozen or released anything.
- For a dispute: what is being challenged, by whom, and what the person believes happened.
- Whether any earlier will exists, and which lawyer, if any, prepared it.
- Whether anyone involved is ill, in care, or losing the ability to manage their affairs, recorded as the person states it.
- What the person wants to happen.
What the conflict check must capture
- The deceased, or the person making the will, by full name and any former names.
- The executor, trustee or attorney named in any document.
- Every beneficiary the person can name, and every family member left out.
- The lawyer who prepared any earlier will or power of attorney.
- Anyone who has already retained a lawyer in the matter.
- A business partner, where the estate includes a business.
What urgency means here
A person whose health is failing and who has no will, a burial or medical decision that needs an authority nobody holds, assets being moved or accounts emptied, or a challenge the person believes must be brought by a certain date. The intake records what the person says and flags the matter to the lawyer. It never tells the person whether a challenge window has closed, and it never forms a view on anyone's capacity.
What the intake will not do here
- It never says whether a will is valid, or who inherits under it.
- It never assesses whether a person has, or had, capacity.
- It never says whether a limitation period or a challenge window has passed.
- It never advises on moving, gifting or transferring assets.
- It never contacts a beneficiary, an executor or an institution.
The machine takes the statement. The lawyer takes the case.
Questions lawyers ask about wills and estates intake
Can the intake take instructions for a will?
No. It records the family, the assets in outline and what the person wants, so the lawyer walks into the meeting with the map drawn. Instructions are taken by the lawyer, who also forms a view on capacity.
The person is an executor and everyone in the family is calling. Whose names does the intake take?
All of them. The executor, every beneficiary, anyone left out, and any lawyer already involved. The firm runs its conflict check on that list before offering a meeting.
What if the person is in hospital and wants a will urgently?
The intake takes what it can, flags the matter to the lawyer as urgent, and shows the firm's number. It does not attempt to assess whether the person can give instructions; that judgment belongs to the lawyer in the room.
