Lawyers are often asked why you need a lawyer to prepare your will when you can obtain a “will kit” online or at your local store. Unfortunately, these kits are not always the solution you’re looking for. In most cases any document is better than no document at all, but completing one of these kits does not mean that your will would stand up in court. Often, the standard will forms sold in stationery stores or online can create problems and provide a false sense of security.
For example, a Will form which is partly pre-printed and not properly witnessed is not a valid holographic Will. What does that mean? While it’s true that there may be handwritten portions, any pre-printed parts will be ignored by the Court. That means that the bulk of the will could be rendered completely inadmissible making it impossible to interpret your will, and requiring a costly court application to try and sort out your affairs. If one of the witnesses to your will is to receive property under the terms of your will, they will be cut out of your will. This is because the law assumes that a witness to a will that leave property to the witness has exerted “undue influence” on the testator.
In addition, such Will forms rarely provide enough information to address each person’s particular situation. The result can be expensive legal bills paid by your estate, should your heirs be forced to ask a Court to determine exactly what you wanted done with your estate. So it may come down to paying a modest fee to your lawyer now, or having your estate pay a lot of legal fees after you die.
At my office, we give you an extensive “Will Form” to fill out before your will appointment. This form asks for detailed information regarding your family, your assets (including joint assets), your RRSP’s, RRIF’s, Tax Free Savings Accounts and Life Insurance. This allows me to gain an understanding of your family and financial picture. From there, I meet with you to take your instructions and answer any questions that you have. Draft documents are then created and sent to you, and once you’ve reviewed them we will arrange for you to attend the office to sign your will in the presence of two independent witnesses.
My goal is to prepare a will that is designed to help your estate trustees settle your affairs in accordance with your wishes as efficiently and cost effectively as possible. Call us at (519)351-7721. We would be happy to answer your questions or help you prepare your Will.