Can the engagement form be e-signed?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.

Is notarization always required?

Notarization is required for certain estate documents (for example deeds, some powers of attorney) in many states; requirements vary by jurisdiction and document type so verify local rules.

What about witness requirements?

Witness counts vary by state and document. For example, Florida and South Carolina typically require two witnesses for deeds; Louisiana often requires two witnesses plus a notary.

How do I revoke the engagement?

A client can terminate representation per the engagement terms; include a clear termination clause and deliverable obligations in the form to avoid disputes.

Is PHI protected when using eSignature?

If the engagement involves protected health information, a Business Associate Agreement (BAA) is required and HIPAA safeguards apply (45 CFR §164.530(j)).

How should signed records be stored?

Retain signed documents in a secure system with encryption and an immutable audit trail; follow retention policies such as IRS and HIPAA minima and state-specific rules.

Electronic Signature
Templates
Legal
Estate Planning Engagement Form

Estate Planning Engagement Form

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Estate Planning Engagement Form

This Engagement Agreement is entered into as of Effective Date: by and between Client Name: with Address: and Firm Name: with Address: . Client Contact Email: Phone: .

RECITALS

WHEREAS, Client desires to retain Firm to prepare estate planning documents and related services as set forth herein; and

WHEREAS, Firm represents that it is experienced in estate planning matters and is willing to provide legal services to Client under the terms of this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations regarding the provision of such services.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Client hereby retains Firm, and Firm accepts such engagement, to provide estate planning services specifically described in this Section 1.2 and any additional services agreed in writing.

1.2 Scope. Firm will prepare and deliver the following documents and services as selected below (initial selection and provide additional instructions in the space provided):

Select Services (check all that apply) Last Will and Testament Revocable Living Trust Durable Power of Attorney Advance Health Care Directive / Living Will Trust Funding and Deed Preparation Guardianship Designations for Minors Other (describe below)

Additional scope instructions

2. FEES, RETAINER AND BILLING

2.1 Fees. Client agrees to pay Firm for professional services either on a flat-fee basis or at Firm's hourly rates as indicated below. Flat fees are payable in accordance with Section 2.2. Hourly billing will be based on time expended and billed in minimum increments of one tenth of an hour.

Fee arrangement (describe) If hourly, counsel rate(s) Retainer amount (if required)

2.2 Application of Retainer and Billing Procedures. Retainer, if collected, will be deposited into Firm's trust account and will be applied against billed fees and advanced costs. Firm will render periodic invoices describing services, time expended, and disbursements. All invoices are due within thirty (30) days of receipt. Unpaid balances accrue interest at the rate disclosed in the invoice or as permitted by applicable law.

3. CLIENT COOPERATION; DOCUMENTS

3.1 Cooperation. Client shall provide Firm with accurate information, full disclosure of assets, beneficiaries, prior estate documents, and any other facts necessary for Firm to perform the engagement. Firm may rely upon the accuracy and completeness of information provided by Client.

Names and contact information for proposed fiduciaries and beneficiaries

4. CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE

4.1 Confidentiality. All information provided to Firm by Client in connection with this engagement is subject to the attorney-client privilege and will be treated as confidential except to the extent disclosure is required by law or as necessary to carry out the engagement.

5. CONFLICTS OF INTEREST

5.1 Conflicts. Client represents that Client is not currently represented by another attorney on the matters described and that no conflict of interest exists that would prevent Firm from representing Client. If Firm discovers a potential conflict, Firm will notify Client and will not proceed without Client's informed written consent.

Known potential conflicts or persons to notify us about

6. DOCUMENT RETENTION AND SAFEKEEPING

6.1 Original Documents and Copies. Unless otherwise agreed in writing, Firm will retain the original wet-signed estate planning documents for safekeeping for a period consistent with Firm's records retention policy. Client may request delivery of original documents at any time, subject to outstanding fees. Firm is not responsible for the probate filing or funding of any trust unless specifically retained to perform those tasks.

7. TERMINATION

7.1 Termination. Either party may terminate this engagement upon written notice. Upon termination, Client shall remain responsible for payment of fees and costs incurred through the date of termination. Firm may retain copies of the file for its records and may assert a lien for unpaid fees to the extent permitted by applicable law.

8. LIMITATION OF LIABILITY

8.1 Liability. Except for willful misconduct or gross negligence, Firm's liability to Client arising out of or related to this engagement shall not exceed the amount of fees paid by Client to Firm for the services giving rise to the claim. Neither party shall be liable to the other for consequential, incidental, special or punitive damages.

9. NOTICES

9.1 Notices. Any notice required or permitted by this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party designates by written notice. Notice is effective upon personal delivery, confirmed electronic transmission, or three (3) days after deposit with the postal service if mailed.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict-of-law principles.

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral.

10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, or if modification is not possible, shall be severed from this Agreement without affecting the validity of the remaining provisions.

11. AMENDMENTS; WAIVER; COUNTERPARTS

11.1 Amendments and Waiver. Any amendment to this Agreement must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver.

11.2 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one instrument. Signatures transmitted electronically or by facsimile shall be binding.

12. ACKNOWLEDGMENTS

Client acknowledges that Client has provided all known relevant personal and financial information, that Client has had an opportunity to ask questions, and that Client authorizes Firm to commence work under the terms of this Agreement upon receipt of any required retainer.

Billing contact (if different from Client) Executor/Trustee preferences or notes

Client

Printed Name:

By:

Date:

Firm / Attorney

Printed Name:

By:

Date:

What the Estate Planning Engagement Form Is

An Estate Planning Engagement Form is a written engagement agreement used by attorneys and firms to record the scope, fees, responsibilities, and client authorizations for preparing estate planning documents such as wills, trusts, powers of attorney, and advance health directives. It clarifies who is client, what services will be provided, estimated costs and timelines, and any required client inputs (financial statements, beneficiary designations, asset schedules). The form helps avoid misunderstandings, documents consent for electronic communication or signatures, and provides a record useful for conflict checks and file retention.

Why an Engagement Form Matters for Estate Planning

A clear engagement form sets expectations, documents informed consent, and establishes who will act and how billing and confidentiality will be handled. It reduces disputes about scope and fees and creates an audit-ready record that supports compliance with professional responsibility rules.

Who Typically Completes This Form

Estate planning lawyers, paralegals, and clients use this form to confirm the attorney-client relationship and work plan.

Estate planning attorneys and law firms who need a written engagement letter and documentation of the scope of services.
Individual clients or couples who retain counsel for wills, revocable trusts, durable powers of attorney, and advanced healthcare directives.
Paralegals and intake staff who gather client information and attach supporting financial schedules and beneficiary lists.

Firms also use it to document billing arrangements, electronic signature consent, and retain needed client data for drafting.

Step-by-Step: Filling the Engagement Form

Follow these steps in order to ensure the engagement is documented, client consent is captured, and drafts can proceed without rework.

01

Collect IDs: Obtain government ID details for signer verification.
02

Define Scope: Describe documents and services precisely.
03

Agree Fees: Record retainer, hourly rates, and estimates.
04

Sign and Date: Capture signatures and the effective date on all required lines.

Typical Processing Flow After Completion

After the form is signed, the firm routes the folder for drafting, collects supporting data, and schedules client review and execution of final documents.

Intake: Client information collection and ID verification.
Engagement: Counsel signs engagement form and records consent.
Drafting: Attorney prepares documents based on client inputs.
Execution: Client signs final documents; documents notarized if required.

Suggested Digital Workflow Settings

Configure your online workflow to capture consent, signatures, and required attachments in order to create a reliable audit trail.

Field	Configuration
Signature Type	Electronic signature with recorded intent and timestamp
Authentication	Email link + optional SMS code for added verification
Attachments	Require uploaded ID and asset schedules as mandatory fields
Audit Trail	Enable full action log and downloadable certificate

Platform and File Requirements

Use a platform that preserves PDF/A or standard PDF signatures and produces an audit trail.

Supported Formats: PDF, DOCX; signed PDF should remain editable for attachments.
Integrations: CRM, document management, and calendaring integrations simplify intake and follow-up.
Security: TLS in transit and AES-256 at rest are recommended standards.

Essential Sections to Include in a Professional Form

A complete engagement form organizes engagement scope, client duties, fee terms, confidentiality, conflict disclosures, and execution instructions.

Scope of Representation

Describe precisely which estate planning instruments will be drafted, what advice is included, and what is excluded to avoid scope creep and disputes.

Client Responsibilities

List documents and information the client must provide, such as asset lists, beneficiary details, and copies of prior estate documents.

Fees and Costs

State retainer amounts, hourly rates or flat fees, estimated disbursements, billing intervals, and fee dispute procedures.

Confidentiality and Records

Specify confidentiality of communications, file retention policy, and how electronic records will be stored and accessed.

Termination and Withdrawal

Explain conditions for termination, notice to client, and responsibility for work completed and outstanding fees.

Execution and Witnessing

Provide instructions for signing, notarization, witnesses, and whether remote notarization or eSignatures are permitted.

Security and Compliance Elements to Note

Encryption: TLS 1.2/1.3 and AES-256

Audit Trail: Timestamped action log

Authentication: Email, SMS, or advanced methods

HIPAA: BAA required for PHI

ESIGN / UETA: Legal framework compliance

Access Controls: User roles and SSO

Common Legal Risks to Watch For

Unsigned Documents: Invalidity risk

Name Mismatches: Authentication failure

Missing Witnesses: Probate complications

Inadequate Disclosure: Ethics or malpractice exposure

Improper Notarization: Execution challenges

Retention Gaps: Regulatory noncompliance

Frequent Preparation Mistakes

Failing to list all assets and beneficiary details, which leads to ambiguous distributions or added probate proceedings.
Using vague scope language such as 'estate planning assistance' without enumerating specific documents and services provided.
Omitting electronic consent language or failing to capture the signer's intent, which can undermine eSignature enforceability under ESIGN.
Not verifying witness or notary requirements for the client’s state, causing executed documents to be ineffective in probate or title transfer.

Typical Timelines and Client Deadlines

Set clear deadlines for client inputs, draft review, execution, and funding to avoid delays and additional fees.

Initial Intake Deadline:

Client supplies documents within 10–14 days of engagement.

Draft Delivery:

First draft typically returned in 7–21 business days after intake.

Review Period:

Allow 7–14 days for client review and revision requests.

Execution Window:

Sign and notarize within 30–60 days of final draft approval.

File Closing:

Finalize file and retain records within 7 days after execution.

Key Project Milestones

Track milestones from engagement through execution and file closure to keep the matter on schedule.

01

Engagement Signed

Capture executed engagement form and retainer receipt.

02

Information Received

All client inputs and IDs collected.

03

Drafts Completed

Attorney delivers final documents for client signature.

04

Documents Executed

Signatures, notarizations, and witness attestations obtained.

eSignature Vendor Comparison for Estate Engagement Workflows

Compare common vendor criteria relevant to executing estate planning engagement forms, with signNow presented first per vendor data available.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About the Engagement Form

Answers to common questions about legal validity, signatures, notarization, and secure storage for estate planning engagements.

Need help? Contact support

Can the engagement form be e-signed?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.
Is notarization always required?
Notarization is required for certain estate documents (for example deeds, some powers of attorney) in many states; requirements vary by jurisdiction and document type so verify local rules.
What about witness requirements?
Witness counts vary by state and document. For example, Florida and South Carolina typically require two witnesses for deeds; Louisiana often requires two witnesses plus a notary.
How do I revoke the engagement?
A client can terminate representation per the engagement terms; include a clear termination clause and deliverable obligations in the form to avoid disputes.
Is PHI protected when using eSignature?
If the engagement involves protected health information, a Business Associate Agreement (BAA) is required and HIPAA safeguards apply (45 CFR §164.530(j)).
How should signed records be stored?
Retain signed documents in a secure system with encryption and an immutable audit trail; follow retention policies such as IRS and HIPAA minima and state-specific rules.

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