Are You Required to Hire a Lawyer?
Contrary to common belief, writing a will does not necessarily require you to hire a lawyer. It’s true that there are some situations in which you may be required to work with a lawyer in order to prepare a will, but in many cases, it is possible to avoid hiring legal professionals and the price tags that come with the services that you could have easily done yourself.
If you do not fall into the category of needing a lawyer, writing your own legal will is fairly straightforward; you need to choose an executor and alternate executor, categorize your property, make decisions about how to distribute your property, and store the will in a safe place.
Writing a Joint Will
Many people, often couples, feel that it is a good idea to write a joint will – that is, a single document that states the wishes and intentions of two individuals. The intent of such a will is often to declare that each party would leave everything to the surviving partner, and in the event that both die in the same disaster, that everything would go to their children. This is usually a bad idea.
Joint wills can tie up property and assets for years, pending the death of the surviving partner. During those years, life may have changed so much that a new will would be appropriate, but it is extremely difficult for the surviving partner to revoke the previous will since the deceased would not be around to approve it. In many instances, the surviving partner will be stuck with the outdated will, and once-joint assets will be divided in ways that do not coincide with present wishes. Considering the negatives, there should be very few reasons to not create a separate will that properly reflects the wishes of both parties, and which can be amended (by creating and attaching codicils), at ease.
When Should you Write Your Will?
Everyone needs and should write a will for those who will be left behind. With the right information and good clarification, writing a will can be a task that is simpler than imagined. If it will provide emotional relief for both you and your loved ones, why not do it now?
There are many publications and websites that claim to provide valid wills kits, but be advised: Due to the rather straightforward nature of making a will, it is easy to claim the kit’s validity when in fact it may be too simple and leave out many things. The new WillKit website, brought to you by the trusted name in DIY legal since 1971, Self-Counsel Press, provides comprehensive information about writing a will in Canada. Written by a lawyer, this service is completely legal and valid upon completion, and for simple estates it rids you of the need to hire a lawyer or a notary public.
