Legal Estate Plan Template

LEGAL ESTATE PLAN TEMPLATE

This Estate Planning Engagement Agreement (the Agreement) is entered into this day of , , by and between Client Name: (Client) and Planner Name: (Planner).

RECITALS

WHEREAS, Client desires to engage Planner to prepare and implement an estate plan tailored to Client's testamentary, incapacity, and fiduciary administration objectives; and

WHEREAS, Planner represents that Planner is duly qualified and authorized to provide estate planning, trust drafting, and related legal services, and has agreed to provide such services under the terms and conditions set forth in this Agreement; and

WHEREAS, Client and Planner desire to set forth their respective rights and obligations with respect to the provision of estate planning services and the preparation of estate planning instruments.

NOW, THEREFORE

In consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings: "Estate Documents" means the testamentary and non-testamentary instruments described in Section 3. "Fiduciary" means any Executor, Trustee, Guardian, or agent appointed under a Power of Attorney or healthcare directive.

2. ENGAGEMENT

Client hereby engages Planner to prepare, review, and deliver the Estate Documents identified below and to provide related advice, and Planner accepts the engagement on the terms set forth in this Agreement. Planner's duties are limited to those expressly set forth herein; Planner does not guarantee any particular tax outcome or court determination.

3. SCOPE OF DOCUMENTS AND SERVICES

Planner will prepare the Estate Documents checked below and will: (a) draft instruments consistent with Client's instructions, (b) provide one round of reasonable revisions, and (c) advise on execution, witnessing, and notarization requirements. Additional consultations or revisions will be billed as provided in Section 6.

Select Documents to be Prepared: Last Will and Testament
Revocable Living Trust
Durable Power of Attorney
Advance Healthcare Directive / Healthcare Proxy
HIPAA Authorization
Nomination of Guardian for Minor Children

4. APPOINTMENT OF FIDUCIARIES AND BENEFICIARY INSTRUCTIONS

Client designates the persons named below to serve in the capacities specified. Client may change these designations by written instruction to Planner or in the final executed instruments prepared pursuant to this Agreement.

5. DISTRIBUTION INSTRUCTIONS

Client may specify specific bequests and residue distribution below. Planner will incorporate the following dispositive provisions into the applicable Estate Documents consistent with applicable law.

6. FEES, RETAINER, AND BILLING

Client shall pay Planner fees for the services rendered as described below. All fees are due and payable in accordance with this Section. Client acknowledges that Planner will not undertake drafting or execution coordination until the retainer specified below is paid.

Planner shall bill against the retainer for fees and costs. Any additional sums due after application of retainer shall be invoiced and payable within thirty (30) days. Unpaid invoices may result in suspension of Planner's services.

7. CLIENT REPRESENTATIONS AND COOPERATION

Client represents that Client is of legal age and capacity to enter into this Agreement and that Client will provide complete and accurate information regarding assets, liabilities, family relationships, and beneficiary designations. Client agrees to cooperate and to execute all necessary documents in a timely manner.

8. INCAPACITY, REVOCATION, AND AMENDMENT

Except as otherwise provided in specific instruments, Client retains the right to revoke or amend any revocable estate planning instrument at any time during Client's capacity in accordance with applicable law. Planner may, at Client's request, prepare amendments or restatements for additional fees as provided herein.

9. CONFLICTS, INDEPENDENCE, AND LIMITATION OF LIABILITY

Planner shall disclose to Client any known conflicts of interest. Planner's liability for professional errors or omissions shall be limited to the amount of fees paid to Planner under this Agreement for the specific engagement giving rise to the claim, except to the extent prohibited by applicable law. Client shall indemnify Planner for claims arising from Client's misrepresentations or omissions.

10. CONFIDENTIALITY

Planner will treat Client information as confidential and will not disclose such information except as necessary to carry out the services contemplated by this Agreement, as required by law, or as authorized in writing by Client.

11. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses provided below or as later designated in writing by the parties. Notice shall be deemed given upon personal delivery or three (3) days after deposit in the United States mail, postage prepaid, addressed as follows.

12. AMENDMENT, WAIVER, COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving compliance. This Agreement may be executed in counterparts, each of which shall be deemed an original.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state indicated below, without regard to conflict of laws principles.

14. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with any documents incorporated by reference and the final executed Estate Documents, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. TERMINATION

Either party may terminate this Agreement upon written notice to the other party. Termination shall not relieve Client of the obligation to pay for services rendered and costs incurred through the effective date of termination.

16. EXECUTION AND IMPLEMENTATION

Planner will prepare final documents for Client's review. Client is responsible for the execution, witnessing, and notarization of documents in the presence required by law unless otherwise arranged. Planner may, at Client's direction, coordinate notarization and witnessing for an additional fee.

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