The $29.95 Will Kit

In recent years we see more and more advertisements for do it yourself will kits either in paper form or over the Internet. The drugstore will form has been around throughout my legal career but modern marketing has dolled up the drugstore will with advertising, fancy packaging and to be fair, more information.

There is obviously a demand for this product as I constantly hear the advertisements and have even seen these kits in supermarkets. Lawyers as a group are against these kits for self-serving and public interest reasons. The self-serving issue is that obviously the money spent on the $29.95 will kit is not spent in a lawyer's office although a goodly percentage of my clients have bought the will kit, cannot figure it out, or realize the subject is complicated and end up in my office anyway.

Lawyers take pride in providing cost-effective legal service and feel that a "legal will kit" will not necessarily provide the purchaser with a product that truly suits their needs.

Ironically the cost of the kit may not be cheap at all.
Many court applications are brought about by incorrectly signed wills or wills which may be interpreted in different ways by different beneficiaries. "Do it yourself" wills often fail to properly consider all relevant issues.

Problem Areas

The main problem areas are as follows:

1. Although having the will properly signed and witnessed may not seem that complicated I have seen a number of errors in my practice. A common error is having the spouse of a beneficiary witness the will in which case that beneficiary may not take the bequest under the will.

2. Legalese has its drawbacks but at least lawyers know what other lawyers are talking about (most of the time). A skilled wills practitioner will know how a clause is going to be interpreted. Although what you may write may seem clear to you, it may not be that clear to one of your children's lawyers who is trying to get a clause set aside which does not benefit that particular child.Remember you will not be here to tell people what you really meant to say.

3. Whether we like it or not modern society is complex. We have complex rules surrounding property law,taxation, family law and various support obligations. A will may be varied by a court on an application of a spouse or child if it does not provide properly for them. There may competing interests in the case of second marriages with two sets of children. To pretend these complexities don't exist is not prudent estate planning.

4. Many Internet will kits will be American. Will kits may not consider different provincial legislation. Most are drafted from an Ontario prospective.

The Advantages Of Using A Professional

The professional has the necessary training. A professional provides an objective sounding board. Some ideas may be "legal" but not practical. Is it really a good idea to have your five children co-executors of your estate? Experience may be brought to bear in producing a will that best suits your requirements.

You may have recourse against the professional if he or she makes a mistake in drafting the will.

A professional may provide custom clauses in your will which fit your particular circumstances. A professional is also in a position to know whether or not your set of circumstances is particularly unique which may call for further tax planning or other inquiries. As part of the estate planning process a professional will ensure that life insurance, RRSP beneficiaries, and property joint tenancies are acting together in furthering your estate planning objectives.

Value

Most people will only require one or two wills in their lifetime. The cost for each of these documents is a few hundred dollars or less. Considering the potential cost of legal problems, not to count the heartache of litigation or misunderstandings between family members, the cost is miniscule compared to the benefits and security a properly drafted document provides.

When I contemplate people doing their own wills I am reminded of a financial services advertisement showing a man on an operating table doing surgery on himself. Is it really worth it?