Writing Your Own Will vs. Having a Lawyer Draft One

We have all been told by our family, friends, and professionals to have a Will to protect our assets and our family when we die. However, what no one has ever told us is just how prevalent confusion has become on the topic of a Will. Learn more from the Kurie Law Sherwood Park Lawyers team.

Many people have no idea if they need a Will; some have actually written a Will but don’t know how it works, and many others have a Will that is riddled with problems (even if they are not aware of them).

So, let’s take the guesswork out of the equation and answer the question – should you get a lawyer to write your Will, or should you write your own?

But before we get into the answer, let’s first understand what Will is and its types.

What Is Will?
A will is a legal document that explains how a person wants his/her property distributed after death. Simply put, you write a Will to tell your family and friends what you want to happen with your property.

Different Types of Will

1. Holographic Will:
A holographic Will is one that is written entirely in the testator’s handwriting and signed and dated by the testator. It must also be entirely in the testator’s handwriting and signed and dated by the testator in the presence of two witnesses and signed by the witnesses in the testator’s presence. If your Will is not entirely in your handwriting, then it will be considered a typed or printed Will, and in most cases, such wills are not valid in Canada as the law does not recognize the signature of a typed or printed Will as valid.

2. Formal Will:
A formal will is prepared by a lawyer or a notary public and is typed or printed. It must have a formal signature by the testator in the presence of two witnesses and must be signed by the witnesses in the presence of the testator. Further, the witnesses must not be beneficiaries under the Will.

Do-It-Yourself Will or Hire a Lawyer for Writing Your Will?
Planning a Will is part of financial planning. It is essential that “irrevocable decisions” are made in a timely manner to avoid confusion and conflict in the family. There are others who find it too difficult to sit down and write their Will themselves; they would prefer to hire someone else to write it for them.

Whether you write your own Will or have someone else do it, there are many considerations to be made prior to writing your Will. However, the fear of writing your own Will can often deter you from making any plan at all, or you just don’t know how to start.

If you are not sure of writing a Will, a lawyer can do the work for you. With their experience and understanding of the law of the land and your situation, they can provide you with a quality draft of your Will and a very realistic cost. They can also advise you on any amendments you may need to your current Will as your circumstances change in your lifetime.

Verdict
A lawyer is not a fortune teller; they can’t see the future. It is important to step back and think about the likely goals of your life and the people who might become involved in your life and death. There are many things you could do to save your loved ones from having to go to the expense of contesting your Will.

Making sure that your Will works can save your loved ones from disputes. It will leave them with the peace of mind that they do not have to go to court over your Will and that there’s no dispute among the beneficiaries just because you did not get it done. Your family can continue to get along well without that hassle, and you can rest in peace, knowing that everyone is thinking of you while reading your Will.