Firstly, let me say that it is possible to create a Will using a Will Kit that is valid and can be easily administered by your Executor, just as it is possible to create a valid Will that is handwritten.
From a cost perspective, the initial savings of a do-it-yourself option is significant, so it’s understandable why so many people are drawn to Will Kits, websites and discount legal service offices. Prices for a do-it-yourself option may be in the $30-$50 range, some “big-box” discount legal service offices advertise $99 for a “basic” Will, whereas a competitive price for an uncomplicated full service lawyer-drafted Will would be $250.00.
While one wants to feel that they have paid more than necessary for any product or service, when making the decision about which type of Will drafting process is right for them, I hope people consider that the initial up-front cost savings of a do-it-yourself or discount legal services option could be offset by the perils their loved ones may face when they are gone. To appreciate the potential risks of a do-it-yourself or discount legal services approach, it’s helpful to understand the process involved in drafting a Will through a full service office. While each lawyer will have a different process and practice, this is what you can expect at our firm.
The Consultation:
One of the primary advantages of using an experienced, full service lawyer to draft your Will is the first appointment with the lawyer, which is the Consultation. In that first meeting (which typically lasts 30 – 45 minutes for an uncomplicated estate plan), we obtain background information such as:
- Basic personal background information about you;
- Information about your family;
- Information about any former or current spouse;
- Information about any children or possible future children;
- Information about your current assets and liabilities.
Based on this preliminary information, we may have more specific questions if there are any issues that warrant further attention or consideration.
Once we have this basic background information we can help you identify your goals and priorities for your Estate Plan. We will discuss your initial thoughts on what clauses and terms you would like in your Will, such as:
- Your thoughts on the appointment of an Executor (and if you are thinking about appointing more than one person for this role, whether you want the appointed people to be required to act together in all matters, or have the ability to act independently), and substitute Excutor(s),
- Your thoughts on the appointed of a Guardian(s) for minor children, and substitute Guardian(s),
- If you are leaving money, property or personal items to children or grandchildren, at what age would you like the beneficiary to have direct access to the gift, and what happens if the beneficiary dies before attaining that age?
- If you are creating a Trust for your children, do you want a separate trust for each child, or do you want to instruct your Executor to pool the trust funds?
- If there was a common disaster and none of your children or grandchildren survived you, how would you want your money and property distributed?
- Would you prefer to be buried or cremated?
- Do you have a preference for a final resting place?
During your Consultation, we also discuss aspects of your Estate Plan that may ultimately fall outside of the Will itself, such as reviewing with you assets that provide an opportunity to appoint beneficiaries or surviving ownership designations (such as life insurance, RRSPs or TFSAs). The review of your current assets and liabilities is ery important in creating your Estate Plan – we have had many clients over the years that came to see us with firm ideas on how they wanted to structure a particular provision or gift in their Will, but when we review their assets, we find that this particular asset is owned jointly with another person, so unless the client is willing to change the way ownership is held, the client may be unable to structure the gift they way they originally intended.
We take electronic notes during the Consultation, which may prove incredibly important if someone tries to challenge or set aside your Will after you have passed away. These notes, and the testimony of your lawyer and other law office staff, can assist your Executor in proving that you had the capacity to make your Will, and that the terms of your Will accurately reflect your wishes at the time the Will was signed.
Drafting Your Will:
Your Will is drafted based on the instructions you provide in your Consultation and we provide our clients with a short summary of these instructions. Our clients find this summary particularly helpful because it’s quite common that clients aren’t ready to make a final decision about some aspects of their Estate Plan at the Consultation appointment. Having a summary allows the clients to go home and think about these issues, perhaps talk with their family, and get back to us regarding their final instructions. Once the instructions are complete, the document drafting begins.
At Home Review of Your Will:
Once your Will is drafted, we provide you with an opportunity to receive a draft copy of the document for your review by email or regular mail. This at-home review is optional, and many clients who are preparing basic Wills choose to skip this step. An at home review gives you an opportunity to check the spelling of names, and read through the document on your time and make note of any specific questions that you have.
In Office Review and Signing Your Will:
Once the Will is prepared, we meet with you again to review your Will, at which time we go over each provision of your Will with you and answer any additional questions you may have. In addition to your specific instructions, your Will contains many administrative clauses that set out the powers and authorities your Executor needs to administer your Estate. Between your customized provisions and these administrative clauses, a basic Will is typically 6-8 pages in length.
You will sign your Will in front of two witnesses, who will ensure that your Will has been properly executed. One of the witnesses will also swear an Affidavit of Execution at that time, which is required by the Court in the event that the Will requires probate.
Final Thoughts:
The process can sound complicated and a little overwhelming, so we work hard to make it as easy as possible for our clients. The Consultation stage is a chance to talk with us and get legal advice specific to your personal, family and current financial situation. There is no consultation option for a do-it-yourself Will. As for discount legal services companies, they often advertise that they will meet with you, obtain your instructions and draft your Will within an hour. Given the time I spend in the Consultation with my clients, I question how a discount legal service provider can obtain the necessary information to provide their clients with relevant and appropriate legal advice in such a short time period. Many discount legal service options are clear that their services are aimed at individuals who require only a “basic” Will, but if the lawyer providing the service isn’t taking the time to get the appropriate background information from you, how can they properly advise you whether their “basic” Will is right for you, in light of your particular personal, family, and financial situation?
As for the drafting of your Will, if you are using a do-it-yourself option, you are solely responsible for making sure that the Will you create reflects your intentions and wishes, is clear and concise, and can be properly interpreted by your Executor and/or the Courts after you have passed away. This can be more complicated than you may expect. You may use wording in a do-it-yourself option that is clear in your mind at the time you are creating your Will, however, someone reading the document 10, 20, or 30 years from now may not know exactly what you intended. These kind of mistakes and uncertainties can result in expensive litigation after your death.
Finally, it is important to keep in mind that there is no way to prevent someone from challenging the validity of your Will. If you have chosen a do-it-yourself option, your Executor cannot turn to a lawyer, their notes, or their staff for assistance in defending the Will. As for the discount legal services, given the short amount of time they advertise it takes to prepare a Will, I question the amount of information they are obtaining from you, and the type of notes they will keep, and whether they will be available to defend your Will after your passing.
When you take into account the amount of time a full-service lawyer will spend with you during the Consultation, the background information we obtain, the additional advice we can provide, the ability to review your documents and ask questions before signing, and the ability of the lawyer and/or their notes to assist your Executor in the event that your Will is challeged after your death, I think the cost of a full-service lawyer drafted Will is great value for money.
Payment Options:
We understand that the cost of a full-service lawyer drafted Will is a large investment for many people, so we offer flexible payment options (we accept payment by Visa, Mastercard, Debit, Cash or Cheque). If you are interested in having a Will and Powers of Attorney drafted, we bundle these documents for additional cost savings. We think it is so important for everyone to have a properly drafted Will that we will work with you to create a payment plan which will divide up the total cost into smaller payments, with your last payment being due at your signing appointment.