Building trust in estate planning

For the wills and estates team at Minden Gross, it’s all about meeting clients’ needs

IT HELPS to have an undergraduate degree in psychology when your legal career involves estate planning, says Rachel Goldman Robinson, partner and chair of the wills and estates practice at Minden Gross LLP. “My practice is often about family dynamics – about children, about relationships – and it can certainly get heavy. It can be a very emotional process for people,” says Goldman Robinson. “The conversations are very meaningful and involve complicated family issues to sort through.” The psychology of wills and estate law While Goldman Robinson’s background in psychology allows her to embrace the human dimension of wills, trusts, and estate law, her foundation in tax law is also an asset. “My favourite two courses in law school were estates and tax law, and I ended up as a corporate tax lawyer after articling,” she says.

Collaborative approach “We’re doing top-tier, intricate, and creative estate planning for a wide range of clients, from very prominent and high-profile people to those just starting their careers. It can certainly be exciting and rewarding,” says Goldman Robinson. “I feel lucky to be working with such incredible people across the firm,” Goldman Robinson says. Her group now consists of five lawyers, all of whom, she says, are “talented and impressive.” On complicated estates files, her team will bring in other lawyers in the firm to assist. The tax lawyers provide complementary services to their clients, while the corporate lawyers advise on the

A crucial part of the process is ensuring that clients are not unduly influenced by others, whether family, friends, or business associates. “We must always be careful about influence and cautious of situations in which people may try to exert pressure on elderly parents, for example.” She explains how her team retains capacity assessors to help whenever there are concerns and is sure to involve a number of lawyers in the firm, including litigators, when there is a questionable situation. “We’re a firm full of experts, so it only makes sense to fully leverage our resources when needed.” Goldman Robinson says that while meetings are increasingly happening through remote technology, a result of the pandemic, her preference is to meet in person. “It helps to be physically in the room with someone when discussing such emotional and important issues. I find clients feel more at ease in person – the computer screen can be cold.” That being said, she does explain

Goldman Robinson adds, “If you think of a family unit owning a business, each individual in the family needs a legal team that takes a holistic view – estate planning, succession planning, tax planning, and corporate and commercial needs must all be addressed.” Coming to grips with mortality during COVID While the wills and estates business at Minden Gross has always been busy, Goldman Robinson notes that during the pandemic, especially during the first wave, many people realized it was perhaps time to ensure their estate affairs were in order. “It was clear that a lot of people were really coming to terms with their mortality,” Goldman Robinson says. “People whose files were dormant, or whom we had been waiting on for information, all of a sudden were contacting us with a sense of urgency,” she says. She also explains how she had a number of front-line workers reach out to her to get their affairs in order quickly. “It was scary because it made the pandemic all feel very real. We prioritized those files, to say the least.”

Making estate planning more comfortable to talk about To get clients started on their will and estate planning needs, typically there is a preliminary discussion about how the process works. Then there is some homework in the form of an intake checklist for clients to answer questions about their assets and liabilities, including bank and investment accounts, registered plans, life insurance, real estate, corporations, and other assets that might have been overlooked. The checklist also asks for information on gender identity, genetic material, and digital assets, evidence that Minden Gross’s team is keeping up with the times. The next step is to schedule a meeting, either in person or on Zoom, to discuss the details of the checklist and the various family issues and delve into how the client would like the estate distributed. “Often, clients need a lot of support working through the issues and understanding the options for what they might do with their assets,” Goldman Robinson says. “But it’s never a blind conversation. They’re prepared because we make sure they understand the process and give them time to fully consider different scenarios and the implications each might have.”

Minden Gross LLP is a full-service business law firm providing representation and assistance in the broad areas of real estate, corporate and commercial transactions, financial services, litigation, securities and capital markets, corporate tax planning, and employment and labour law. It also counsels and assists clients in personal matters related to their tax and estate planning. The firm's services are scalable and tailored to meet the specific needs of clients, from large international and national organizations to small business enterprises and individuals. Minden Gross endeavours to find solutions that are practical, effective, and timely for clients.

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“Our family’s dynamics are complex, and my wills are not the cookie-cutter variety that can simply be cut-and-pasted from a legal textbook”

Leon Hochglaube, client

In Partnership with

The wills and estates practice Minden Gross is a full-service business law firm advising clients in the broad areas of real estate, corporate andcommercial transactions, and litigation, alongside corporate and personal tax planning and estate planning. Says Goldman Robinson, “The firm values our estate-planning practice and supports our growth. Not only do we service the firm’s existing clients from all departments, but we also attract new clients who come to us specifically for comprehensive estate planning and often end up using the firm’s other services as well.” “We’re a business owner’s sophisticated one-stop shop,” says Goldman Robinson. While other lawyers at the firm might assist these clients with their business needs, her team helps with all aspects of succession planning – creating and/or revising wills

“I love the human contact, the personal connection. It reminds me of my psychology background, and when combined with my love of math, it made me really want to go into estate planning”

Rachel Goldman Robinson, Minden Gross LLP

While at another large downtown firm, she worked with one senior female mentor who introduced her to the practice of estate planning, and she loved it. “Something clicked, and I knew this was the area meant for me.” She adds, “I enjoy the human contact, the personal connection. It gives meaning to my job. I quickly become a trusted advisor to my clients, who share their most personal stories with me. I help them work through tough issues that often involve many generations. No two files are ever the same.”

Industry expert

Rachel Goldman Robinson

Minden Gross LLP

Industry experts

Rachel Goldman Robinson, a partner and chair of the wills and estates group at Minden Gross LLP, began her legal career as a tax lawyer before moving into estate planning. She concentrates on the preparation of public and private wills, powers of attorney for personal care and property, testamentary trusts, and estate planning and administration. Her undergraduate degree in psychology, together with her law degree and work experience, allow her to relate easily to client issues and simplify complicated, highly detailed advice. She develops sophisticated and creative estate plans that often include tax-planning and probate-planning strategies together with personalized trusts to meet clients’ needs.

Minden Gross LLP

Rachel Goldman Robinson

Minden Gross LLP

Industry experts

Minden Gross LLP

Rachel Goldman Robinson

Minden Gross LLP

Rachel Goldman Robinson

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“Our family’s dynamics are complex, and my wills are not the cookie-cutter variety that can simply be cut-and-pasted from a legal textbook”

Leon Hochglaube, client

“I love the human contact, the personal connection. It reminds me of my psychology background, and when combined with my love of math, it made me really want to go into estate planning”

Rachel Goldman Robinson, Minden Gross LLP

business aspects of the file. “We take a collaborative approach to our files and work together to ensure we’re giving the best advice out there.”

Source: legalwills.ca

Majority of Canadians don’t, but numbers are improving (2016 v. 2021)

Do Canadians have a Last Will and Testament

10%

2016

20%

30%

40%

50%

60%

Yes, and the will is up to date

Yes, but the will is not up to date

26.2%

11.7%

62.1%

57.59%

32.58%

9.83%

2021

Source: legalwills.ca

2016

2021

50.1%

38.7%

15.1%

16.2%

Biggest improvements seen in younger age categories

Number of Canadians with up-to-date wills by age category (2016 v. 2021)

Overall

65+

55-64

45-54

35-44

25-34

18-24

50.7%

48.7%

34.0%

24.0%

12.4%

7.9%

45.0%

20.0%

how technology has allowed them to expand their practice. “We can now provide meaningful advice to people face-to-face on the other side of the world.” A client’s perspective Leon Hochglaube, one of Goldman Robinson’s clients, understands how complex family dynamics can be. “Our family’s dynamics are complex, and my wills are not the cookie-cutter variety that can simply be cut-and-pasted from a legal textbook.” He adds that finding a wills and estates lawyer took time and effort, given the complexity of matters. In the end, Hochglaube says, he “felt comfortable that Rachel and I were compatible to work together, and she was someone I could trust and easily talk with [about] subjects that needed sensitive conversations and decision-making.” That connection served him well, he says, throughout the process. “She explained the meaning of all the legal language embedded in the early drafts of my primary and secondary wills.” As well, Hochglaube says, Goldman Robinson had the support of her in-house colleagues at Minden Gross, who provided expertise in tax and business estate planning when needed. “Throughout all of her drafting, together with my frequent tweaking, it was never a burden for Rachel to get my wills just right.” A practice area that’s fulfilling and develops leaders Having found her niche in the legal world, Goldman Robinson says she is passionate about her wills and estate-planning practice and recommends it to those considering a legal career that can accommodate work-life balance. The work is as challenging as any other area of the law, and can be periodically time-consuming, but unlike in a practice area where things often develop quickly – like, for example, mergers and acquisitions – the workday is generally more predictable. “I’ve been doing this for almost 20 years, and I’ve managed to raise a family of four children at the same time. It hasn’t always been easy, and it involves a great deal of juggling, but I’ve navigated my way in various types of work environments,” she says. “And while a lot of that is due to the practice area, I also need to give credit to my firm because it has supported me and my decisions along the way. I would tell young lawyers that if their objective is to have a fulfilling and dynamic practice while achieving a healthy work-life balance, this area of the law could be an answer.” When asked specifically about Minden Gross, she says, “It’s an exciting time for our group and the firm. We’ve modernized and we’re energized.” To Goldman Robinson, good mentorship is key. “I’ve had some inspiring mentors in this area, some of whom trained me in my beginning years and are senior lawyers at various firms. I still speak to them quite often.” In return, Goldman Robinson has taken a keen interest in mentoring young lawyers and hopes to inspire the next generation of leaders in wills and estates. Based in Ontario, Minden Gross LLP is a leading law firm that has been named by Canadian Lawyer as a Top 10 Regional Law Firm since 2013. It also is a leading law firm in the Canadian Legal Lexpert Directory.

and powers of attorney, preparing trusts, advising on probate planning structures, assisting with transfers of wealth between generations and with cross-border planning, and flagging tax issues. She notes, however, that not all clients are business owners – having a will in place is imperative for young parents who value the comfort that comes with planning ahead and establishing trusts, appointing trustees, and naming guardians. Her team also deals with estate administration and estate litigation. “When someone passes away, we’re here to help the executors, or even be the executor, to work with administering the estate and helping with beneficiaries.” The wills and estates team does all it can to minimize family infighting, but it does have litigators to call upon to mediate or litigate a dispute when needed. Not only are there technical issues related to every file, but Goldman Robinson says her team must also deftly stickhandle the inevitable emotional issues.