I want to get a will but dont want to have to pay a lawyer to do the will for me . Can anyone help me out or give me advise as to were I can get the forms. Oh and I live in Canada so it needs to be legal for this contry. thx
Answer by digibluh
no you dont need a lawyer here is some steps to follow
•Begin the will stating your full name and where you live in Canada. Continue by stating that you are of sound mind and memory and declare that this will be your last will, then date the document.
•2
Name all of your living relatives. For example, if you have a spouse mention the person's full name and address. Continue with any children, parents and siblings. Make sure to follow their names with their addresses. Then list relatives that are no longer alive. Finish up by listing any potential beneficiaries that are not relatives (friends, business associates, charitable organizations).
•3
Develop a list of assets, property, investments and personal belongings that you would like to distribute to people that you would want to receive it. Specify the item, its approximate worth and who it goes to.
•4
Appoint an executor. The executor will be responsible for making sure that your wishes are carried out. In Canada you can appoint a family member as the executor. Make sure that you mention the person's full name and address (even if it has already been mentioned in a previous paragraph). In case the person you selected is deceased or unable to carry out your wishes by the time of your passing list alternative executors. Mention several other executors in a specific order. Also include addresses of the alternate executors.
•5
Have two witnesses to sign the Canadian will. In Canada it is required to have two witnesses either when the will is signed by the author or when the witnesses are signing and the author acknowledges their signature. There will need to be a total of three signatures at the end of the will, along with the date.
•6
Place your will in a secure place such as a safety box in a bank or a safe in your home. Make sure that the executor knows where you have left the will so that they know where to find it in the event of your passing. You can also keep a copy of the will in your home just in case the original will isn't found.
Answer by Dan H
You don't need a lawyer to draw up a simple will.
All you need is a pen and paper.
Answer by Goddess ISIS
No you need a lawyer. The lawyer writes it up and you need two witnesses with you when you sign it and then they sign it.
Answer by Lisa K
You can go to legal zoom.com, they have all sorts of things and it is pretty inexpensive and done quickly.
Answer by litlfitz
you don't have to hire an attorney in order to construct a will you could purchase a will kit
Answer by bcnu
As with many other legal issues (or even home handyman issues), you can try to do it yourself and hope you don't mess it up, or you can pay a reasonable price for a professional to do it for you. When you mess it up yourself, and it's your will, you won't be around to do anything about it. This could result in you will being completely or partially invalid for one or more reasons, and your entire estate would be left to your heirs according to the local laws where you live, irrespective of the wishes in your invalid will.
There are also many ways to divide your property without using a will anyway, such as joint ownership, where the survivor would automatically acquire the full ownership. Your estate planning attorney can advise you on these alternatives as well as the various tax implications of your gifts.
Answer by northernhick
Yes, you can. It's possible. BUT...
...first of all, testamentary laws vary pretty significantly by Province. I'm familiar with Ontario law, but I'm aware that other Provinces are different...
The execution requirements for wills are usually pretty strict. We're talking about formalities - how many witnesses, when they sign, where they sign, where you sign, whether or not to sign your full name. In Ontario, if you get it wrong, the document isn't a will. Not worth the paper its written on. I have seen this happen - a guy wanted to leave his estate to his nieces (ignoring his own estranged kids) - so he bought an online will kit. He even had a law student friend look it over, and the friend said, "Yeah, looks fine to me." Then he didn't have his signature properly witnessed.
What's the consequence? Well, his estate goes on intestacy (i.e. he did without a will) to his estranged kids. His intended beneficiaries get *nothing*.
Problem #2: What happens if you make a mistake, and end up with a gift that's somehow incoherent. This is another thing I've seen: The will is properly executed, a valid testamentary instrument, but it doesn't make sense. In one case that I dealt with, it was so bad that we needed to go to Court for a judicial interpretation. Even with the family agreeing, it was still close to ten grand before we even got probate. All because he wanted to save a couple hundred bucks in fees to make the will.
Problem #3: Lawyers are expected to keep detailed records of the meetings with clients and will instructions, and take steps to determine whether or not there are any irregularities - incapacity, undue influence, etc. If you have a disgruntled beneficiary who wanted more, the lawyer who took instructions can protect the integrity of the will against allegations such as incapacity. If you just do the will yourself at home...you don't get that.
A lot of things can go wrong making your own will at home, which can cost your estate and/or your intended beneficiaries a lot of money down the road. It's worth spending a bit of money up front to make sure the will is properly drafted and executed.
ETA: Incidentally, bcnu is quite right about other estate planning options like joint ownership; however, his best piece of advice is to talk to a lawyer about it. Joint ownership alone usually does very little these days. Except in limited circumstances, a surviving joint tenant is presumed to hold the assets in trust for the estate, unless there's evidence to the contrary. If you want to go down that road, you need to be preparing the right evidence.
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