What would a lawyer charge for a basic will?
- Explaining the process of an estate planning consultation
- Explaining what lawyers refer to as a “basic will”
- Recommending hiring a lawyer by the hour for estate planning.
A question posed on a Facebook rant and rave: “What does a basic will cost for a lawyer to write?”
I answered that question in about 1,100 words. I’ve worked to tighten it up to fit within column guidelines.
Note: I no longer provide estate planning (will) services, preferring to focus on estate administration (probate).
I’ll start with posing my own rhetorical question: “What’s a ‘basic will’?”
The most basic of wills is this: “I, Paul Hergott, am making this will on February 8th, 2026. On my death I leave everything to my children”.
As long as that’s written down – could be on paper towel if it’s strong enough to withstand a pen…or crayon, two witnesses are there who see me sign it, and they both sign after me while I’m still there, then it’s a valid will.
Note that I didn’t appoint an executor. It’s still perfectly valid and legal.
There’s no title. No fancy words. It’s basic, basic, basic.
You can get a “basic will” that includes fancy sounding legal words very cheaply from a store or online. That “will kit” kind of approach includes some choices like appointing an executor. The end product looks official. And yes, provided it’s signed/witnessed properly it’s going to be legal.
But without legal advice, you won’t know if that basic will is going to accomplish what you want it to accomplish on your death.
When you hire a lawyer for an estate planning consultation, you’re paying the lawyer to:
- assess and document your cognitive capacity and whether there’s a concern about you being subject to undue influence (can be critical to your wishes being honoured after death),
- learn about your circumstances (your family situation, assets, plans),
- learn about your wishes and goals, and
- advise you about how you can best achieve your wishes and goals, which is likely through a combination of:
- rearranging your affairs, and
- implementing a custom-made will and/or other legal documentation.
Often, wishes and goals can be best accomplished through some arranging of affairs as well as a will that can be easily generated by the lawyer accessing precedent clauses without any creative drafting.
This is the kind of will that I refer to as a “basic will”.
Regularly, though, a basic will doesn’t cut it.
The most glaring circumstance is blended families.
Similar dynamics that exclude the usefulness of a basic will can arise with couples who have no children.
Another is if you want to provide unequally for children or disinherit a child altogether. Or if you want gifts given during your lifetime taken into account on your death.
Another is high net worth folks for whom it makes financial sense to pay extra for creative strategies to avoid or minimize tax.
…the list goes on and on…
If a basic will doesn’t cover it, the lawyer will need to do some additional work. This might be some creative drafting, adding documents like a mutual will agreement, or creating a completely different set of estate planning documents like a trust.
Many lawyers provide quotes for a basic will. I’ve heard of quotes as low as $400.00, though I don’t know that first-hand.
Of course, until you have a thorough consultation with the lawyer, there’s no telling whether a basic will is going to cut it. If not, additional legal services will need to be negotiated.
Many other lawyers bill by the hour. You provide an up-front amount of money called a retainer. If it turns out that you require only a basic will, then you’ll be billed in the range of what other lawyers quote for a basic will. If it takes longer, then it takes longer. This, in my view, is the most logical/sensible way to bill for estate planning.
I say that even though when I provided estate planning services, I was one of the lawyers providing quotes for a basic will.
I recommend finding an experienced lawyer with an excellent reputation, who you trust, and paying them by the hour.
