Composing a will doesn’t sound like something you can manage on your own, but this isn’t always the case. There are ways to make a will without a lawyer‘s involvement in Canada. It might seem like a more stressful way to manage your property, but it is suitable for some individuals, and will help save time and money. We will cover all the options you have when it comes to making a will without a lawyer’s guidance, the requirements you need to be conscious of and pitfalls to be aware of beforehand.
Contents
Do You Need a Lawyer to Make a Will?
Preparing such a document without professional guidance is entirely possible, but there are still situations when it’s not recommended. Before making the decision, make sure your case does not fall into one of the categories stated below.
- Blended family, when there are children from previous families involved. A lawyer’s involvement is necessary in order to ensure they aren’t disinherited and your wishes are accounted for
- Owning property registered in another country or a beneficiary residing abroad. In such circumstances a will lawyer will make sure to address possible tax liabilities
- Special needs beneficiaries, when a lawyer might need to assist you in setting up a complex trust
- Planning to disinherit a close member of the family, for example, your wife, husband or your child
Situations like these call for professional legal assistance. If you are finding yourself in a similar situation, De Krupe Law is ready to assist as a team of experienced wills and estate lawyers. They can guide you through all the legal will technicalities and accurately reflect your decisions in the document. Feel free to send your request to receive a free will consultation.
What Type of Will Do I Need?
Before starting on the will itself, it’s essential to understand the difference between various will types. There is a last will and a living will serving different purposes. A Last Will is a document which addresses how the estate will be distributed after one’s passing. In this context estate means everything one owns, be it property, land or vehicles. In the meanwhile, a Living Will or Healthcare Directive outlines one’s preferences regarding medical treatment and end-of-life care if one ever becomes incapacitated. More detailed information on will types can be found in the Wills, Trusts, and Estates Planning section.
Ways of Creating a Will Without a Lawyer
Handwritten Will
Handwritten will is written in pen on paper, and is only legal in your handwriting with your sign at the bottom. In this case you need to make sure that the handwriting is legible. This method is riskier, since you’re more prone to make a mistake that can lead to complications in the future.
Government of Canada Will Kit
Although some still opt for the handwritten will option, nowadays many choose a Government of Canada will kit for more security. It is a simpler way to manage your estate, seeing as these are official pre-made will kits, which you can download and print. Adding your personal details by hand and signing it is all that’s left to do. This option does not allow for much liberty, but is perfect for simple cases.
There are a couple of requirements it needs to meet:
- You are a sound-minded adult
- The will is printed and signed by hand. A digitally signed document will not have legal effect
- Two witnesses are present at the moment when you sign the document and leave their signatures as well
For a more detailed review of the requirements, please feel free to view the article on will requirements in Canada.
What Should Be Included In a Will?
As per Government of Canada’s official guidelines, your will should state the executor, which is a person entrusted to settle your assets. It doesn’t necessarily have to be a member of your family. You can choose a friend or even an accountant to act as your executor. Another necessary point is beneficiaries, those who will be inheriting the estate after one’s passing. The will should address how the assets will be split between them. It involves the exact proportions of assets each beneficiary is to receive. Contrary to popular belief, describing your assets is not required, unless you wish a specific item to be left to a specific person.
Your wishes regarding minor children and pets can also be included in the document. Appoint a guardian in case both parents are deceased. In case you have particular wishes regarding your children’s upbringing, you may include this information in the will or compose a separate letter for the assigned guardian.
Safely Storing Your Will
Pick a place where you can store the original copy of your will without worrying it might be damaged. The executor should be aware of the will’s location and be able to access it when needed. You can register your will at the Canada Will Registry website, and state its location for the executor to find it.
Common Pitfalls in DIY Wills
While a do-it-yourself (DIY) will is an acceptable way to make sure your property is shared as per your wishes, there are certain risks that come with it. The most common pitfalls include:
- Improper witnessing procedure. The witnesses of choice cannot be your beneficiaries or their spouses. They must sign the document in your and each other’s presence. More details can be found in another article focusing on witnessing procedure.
- Unclear language. Avoid legal terms unless you clearly understand the meaning behind them. Be precise about your wishes, for example, when mentioning one’s children, it’s required to state each of their names and their exact share to avoid confusion.
- Overcomplicating your will. In an attempt to cover all the possible scenarios, some DIY wills become overly complicated, making them difficult to interpret and increasing the probability of disputes in the future. In case you fail at keeping it simple and concise, seeking professional help might be a better option.
If you’re not entirely sure you can avoid these pitfalls, it’s recommended to seek legal advice from an attorney. Mistakes during will composition can make the probate process unnecessarily long and stressful for the family members.
Conclusion
You absolutely can create a will without consulting a lawyer. All it takes is following the guidelines closely and making sure you’re sticking to the requirements. It is feasible, however, it’s not an option for everyone, since it’s only suitable for simple cases. For those with numerous assets or complicated family relationships, it is advised to consult wills and estate planning lawyers.
FAQ
Can I make a will without a lawyer in Canada?
Yes, you can compose a will that is legally binding in Canada without an attorney’s assistance.
When should I contact a will and estate lawyer?
A professional lawyer’s consultation can be required in more complex cases like possessing foreign property or if children from previous marriages are involved.
How can I write a will on my own?
It can be either a document written by hand or done with the help of a pre-made Canada Will Kit.