What is the effect of terminating a law firm’s contract after the death of a named executor?

Alberta, Canada


The following excerpt is from Young Estate, 2013 ABQB 171 (CanLII):

Counsel for the named executor referred me to the decision in Szabo Estate v. Adelson, [2007] O.J. No. 636 (Ont SCJ). In that case an executor named in a will retained a law firm to deal with estate matters after the death of the testator but soon discharged the law firm without paying them. The firm sought to assert a solicitor’s lien over their file until they were paid or satisfactory arrangements were made. The file included the original will. The executor sought possession of the will. From the decision, it appears that the law firm in question was one of a number of firms the executor retained over time. The firm was successful in obtaining a lien over their file, including the original will.

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