There is no requirement to use the services of a lawyer or notary public toprepare your own legal Last Will and Testament. Lawyers cancertainly help you to prepare your Will, but everybody has a legal right to writetheir own Will. If you create a document using our service, it must be printed,signed and witnessed according to our instructions, and then it becomes a legalLast Will and Testament. Everybody should have a will, no matter how small or large their estate is. Without a will, the deceased’s estate risks being distributed according to rules of succession that are laid down by state law rather than in accordance with the deceased’s own wishes.
If you have a partner or spouse and intend to leave a particular gift to somebody else as part of your bequest, you should discuss it with your partner or spouse. This reduces the chance that they get rid of the gift by not knowing, which can cause confusion when it is time to distribute gifts and assets that form part of your estate. In legal terminology, dying without a valid Will in place is called dying “intestate”. The legal procedures for dealing with your assets become more complicated, time-consuming and costly – and may cause more distress and hardship to your family.
Your will and other important documents related to your estate should be stored in a safe and accessible location where they can be retrieved by a trusted family member or loved one after your passing. Wills are not one size fits all, and neither are the many ways you can make them.
This can be a trusted family member, close friend, or a professional, such as a lawyer or accountant. They’ll need to agree to take on this responsibility before you can designate them. We hope this article will guide you through the process of making your Will with our free online builder. Our free Will is simply a document that directly reflects the information/instructions that have been put into our online tool.
What’s the difference between a trust and a will?
For example, a husband and wife will often have Mirror bequest documents because they have the same wishes for dividing their assets when they die – leave everything to the survivor and then to their children. If you die without a Will, the court will determine who will distribute your assets. It may choose to appoint the State Trustee, who charges a substantial fee for this work. Alternatively, your spouse, a family member or close friend can volunteer and apply to the court to administer and distribute your estate.
If you answered yes, then your will won’t necessarily be straightforward. Online wills are legal in all provinces and territories across Canada. While they’re cost-effective, holographic wills may not be the best option since most people don’t have legal backgrounds, and therefore we can contradict ourselves, or leave important things out. Regardless of how you decide to make your will, it’s crucial to understand that what makes a will legally valid has nothing to do with whether it was created using a lawyer. In Canada a will simply needs to meet the criteria set out above.
MyWill™- Frequently Asked Questions
This could be a one-off fee when you deposit it, or an annual fee while they are holding it. With your lawyer, you can discuss exactly what you want the will to achieve and how to avoid ambiguities. When putting together the document, don’t leave blank spaces, and make sure each page is numbered to prevent anyone tampering with your will. There should be nothing amended or crossed out in the document that you sign. No matter how thorough your will is, there’s likely to be part of your estate that isn’t accounted for.
Property, assets, and beneficiaries
Unfortunately, paralegals can vary tremendously in their experience and ability, and with a document like a Will, you probably won’t know if it has been done properly until it is too late. Paralegals are different from lawyers in that there is no formal training required, no ethical standards, and Paralegals do not have to be covered by any kind of practice insurance.
But, if a copy exists, the High Court may be asked to admit the copy to proof. The solicitor or person who made the copy will must swear that it is authentic. If no photocopy or carbon copy of the original exists, someone with means of knowledge (such as a person who has the original on computer disk) may give evidence so the will can be reconstructed. The testimonium shows that the 1965 Succession Act has been complied with. Its absence will not invalidate the will, but the Probate Office will require an affidavit from a subscribing witness. An undated will is not necessarily invalid, but a witness will have to swear that the will was executed before the testator died.
Read more about will template here.