Comments on: Ask the Readers: Will Kits

By: Brian

Brian — Tue, 01 Nov 2011 14:28:19 +0000

@Gabe, I’m interested in your comment “you are protected even if the Will fails”. What does that mean? can you give an example of how a Will might fail and how in that situation the protection kicks in from the lawyer who wrote it?

By: Gabe

Gabe — Mon, 31 Oct 2011 14:18:05 +0000

I am a lawyer too. In reference to holograph wills, they are meant for people on the verge of death who do not have time to get a lawyer or create a proper will. There are cases where a holograph will was deemed invalid because the person died three weeks after making it.

Will kits are widely available and take absolutely no liability for ambiguities or issues that arise as a result of mistakes. Affidavits of execution are rarely executed by the witnesses beforehand which causes a problem in finding them later. Most people are adamant that their simple estate does not warrant more but most people are dealing with assets and real estate of more than twenty thousand dollars which is not insignificant.

Lawyers do not charge a lot for wills. $150 to $300 at most and you are protected even if the will fails. Everyone needs a will and everyone needs Powers of Attorney and should go to your lawyer to get them done. I find that the people who do not make them are usually the people who need them…people with second families or no children or feuding children.

By: Rebecca

Rebecca — Sun, 30 Oct 2011 02:06:40 +0000

We probated a will for my husband’s mother, 20 years ago – there were 4 siblings inheriting, and no conflict. She died without a will.

My husband’s family were wonderful; reminded me of the Ben Franklin quote: “If you want to know the character of a man, share an inheritance with him”. They were are and kind, honest, giving – luckily as you can only imagine this situation if there was family strife and no will.

Anyway, doing the probate was not complicated or hard. It did involve a lot of paperwork etc. but at that point we didn’t have a kid yet and so we handled it, even with our 2 careers. Had we paid a lawyer to to this, they would have charged 9% of the estate – we got a couple of “bids” for the work and that was their fee, in Ontario.

The estate was about $125,000 (in 1989), split between the 4 siblings. The lawyers would have cleaned up $11,000 of that.

So don’t be afraid of probate and administering a will, it’s not a big deal.

On making wills, same thing – good software/website will work if you just want normal things – to leave you money first to your spouse and then to your kids. Anything tricky, trusts, excluding someone, definitely hire a lawyer.

By: Mike

Mike — Wed, 10 Aug 2011 19:23:15 +0000

Here is a nice and easy one operated by a Canadian lawyer. And they don’t make you pay until after you have reviewed the Will.

http://www.easywill.ca/

By: James

James — Tue, 22 Mar 2011 02:56:33 +0000

There’s a site called http://www.FormalWill.ca where you create your will online and its available right away. I believe was founded by a lawyer… looks pretty good.

By: JANICE

JANICE — Tue, 13 Jul 2010 17:04:09 +0000

Ok, I’m just looking into getting wills for my husband and I and I don’t even know what having a will executed means. I thought you just needed to have it witnessed but I’m also not sure how that can be done wrong either.

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By: Chinnloy

Chinnloy — Fri, 18 Jun 2010 03:23:59 +0000

I agree with Loki, will kits are to a lawyer, what Quick Tax is to an accountant. There is a lot of hype and fear, to get people to use lawyers services, unnecessarily.

By: mo

mo — Tue, 01 Jun 2010 13:55:56 +0000

Will kits appear to be fine for people with straightforward estates, as long as they are executed properly (in the correct manner and with an appropriate witness). If you want to creat a trust, for example for a child you leave behind, the will kit may not be able to meet your needs. The ones I have seen do have provisions for trusts but they are very basic trusts and don’t give you the ability to have a “custom-made” trust to fit your specific needs (ie. you may want the bulk of your estate to be distributed to your child at a specific age but for the trustee to have the power to use some of the funds before then for your child’s education, travel, etc.). It’s important that your trust be well set out in your will if you want to make sure your wishes are followed in that respect. Another situation I can think of where you would want to see a lawyer is if you wish to exclude a child or other “dependant” from your will. In certain cases, these wills can be challenged and it’s important to have proper legal advice in that regard and a tightly drafted will. The challenge of wills by siblings after the death of their parents or others making claims from the estate is always a very difficult process for those left behind to fight over the estate and often breaks down family relationship. Something to think about.

By: Mel

Mel — Sun, 13 Dec 2009 20:41:37 +0000

I can assure you of one thing; Intuit’s product Will Expert “SUCKS”!! I have had nothing but trouble with this product and I have seen nothing but bad reviews for Will Expert. Don’t waste your money on this “DUD”!!