I’m confident that lawyers and clerks who work with assistants will agree: legal assistants are vital to the daily operations of a legal practice.

There have been a number of blogs written about the day in the life of an estate planner or a law clerk working in estates.

In today’s blog, I’ve invited my assistant, Sarah Whelan, to share insights into her role and highlight the key aspects of her job, along with the valuable lessons she’s learned as an assistant in the estates area.  I began my career as a legal assistant, which gives me a deep appreciation for the diverse management skills required in the estates area. However, it’s been nearly 20 years since I was in an assistant role, and I acknowledge that practice management has evolved significantly during this time.

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Working as a legal assistant in the estates area is a dynamic and meaningful role. It blends legal precision with compassion, as clients are often reaching out during deeply personal moments—whether planning for the future or managing the affairs of a loved one who has passed.

As an assistant, no day is the same.  Some days, it involves juggling multiple priorities.  Being a legal assistant in estates is more than just sending emails and scheduling meetings—it’s about helping people navigate some of life’s most personal and challenging moments. When a client cannot reach a lawyer or clerk, assistants are often the first point of contact a client has when calling our office to notify us of a close family member’s death.  This is an extremely difficult time for these clients and it is so important that these calls are met with kindness and compassion. There can also be times when a client has been diagnosed with a terminal illness or are having a life threatening medical procedure and they need to update their estate planning documents.  It is important for assistants to recognize the urgency of these requests and the stress the client is under.  In these circumstances, efficiency as well as understanding is extremely important.  It’s a role that demands attention to detail, empathy, and a strong sense of responsibility.

Assistants’ duties in estates law are vast and are important for the smooth operation of the department and the legal professional’s practice and can include finalizing wills and powers of attorney, sometimes on very short notice, organizing signing appointments for lawyers, gathering pertinent information from clients for file opening and estate planning purposes (personal information, prior estate planning documents, etc.), preparing notarial copies of wills, death certificates and other supporting documents to send to financial institutions and government agencies, finalizing and organizing trust documents, creating hard and soft copy reporting books, maintaining organized digital and physical files that meet with the firm’s compliance mandates, drafting correspondence to clients and institutions for review by the lawyers or clerks (engagement letters, reporting letters, letters to beneficiaries of estates, death notifications for government agencies etc.), and other administrative duties such as arranging for payment of invoices, reviewing client draft invoices for spelling and grammatical errors, accuracy and compliance, and setting up critical date reminders in our tickler system.  These all require a keen attention to detail, excellent time management, and the ability to prioritize multiple tasks with competing deadlines.

I became a legal assistant later in my life, having spent 20 years working as an administrator in post secondary education.  Before joining Fasken, I had no real knowledge of what was involved with estate planning or estate administration.  Since joining Fasken in 2023, I have been working with a variety of lawyers and clerks in the estates group.  Currently, I am working with a partner and clerk who deal with estate planning, estate administration, trust administration, charities and domestic/marriage contracts, which means I have been exposed to both sides of estates (planning and administration).  One of the most valuable lessons I have learned since joining Fasken is how important proper estate planning is and how it can simplify the estate administration process. By structuring assets wisely—through joint ownership, beneficiary designations, and trusts—clients can preserve more of their estate for their loved ones and avoid unnecessary delays. I have had the opportunity to assist Jennifer with a large complicated intestate matter and the experience has cemented this lesson as administering an intestate estate is a monumental task.

Being the main point of contact for clients can be challenging.  We often field calls regarding all kinds of estate inquiries from estate administration to cold calls asking if using a “Will Kit” is a good idea (of course that call got referred to a lawyer immediately). Although challenging, this is one of my favourite parts of this job.  I thoroughly enjoy working with our clients.  From speaking with them to set up initial calls or requesting file opening information, to meeting face to face with them at signings. Our clients make this a very rewarding job because, at the end of the day, we are helping them.  Whether it is ensuring that they feel reassured knowing that they have an estate plan that takes their wishes into account and protects their assets for their loved ones, to helping them navigate one of the most stressful times when they lose a loved one, knowing that I have made a difference in someone’s life is extremely rewarding for me.

Working in this intersection of the legal field is not only challenging but I am constantly learning something new.

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The world of estates is ever evolving.  Even as a clerk, no day is the same and no file is the same.  I hope this blog has provided some insights for those who might be interested in working in the estates area. If your goal is to become a law clerk in this area, starting as an assistant is an excellent stepping stone.

This blog also serves as a reminder that clients and advisors interact with more than just lawyers and clerks in estate planning and administration; the contributions of assistants are integral to the process.

To all the incredible legal assistants, no matter your area of expertise—thank you for making our work so much easier.