A Will is a legal document that says what happens to your estate when you pass away. While you can make your own, there are many good reasons why a lawyer should prepare it for you.
There are two ways to make a Will in Alberta. A person can make a holographic Will that is entirely in their own personal handwriting and includes a date and signature. A formal Will is written or typed up and signed by the testator (the person making the Will) along with two independent witnesses.
Any person can make their own Will or use a Will kit. However, there are many reasons why it is a good idea to hire a lawyer that has experience in estate law, including to ensure you maximize your options and legal protections. Below are several benefits of hiring a lawyer to make your Will.
You Don’t Know What You Don’t Know
Not all lawyers have experience with estate law, so it’s important to start your journey by making sure you choose a lawyer who has the right experience and is the right fit for you. A lawyer who practices in wills and estates will have specific knowledge regarding the current law, recent developments, and drafting techniques. They will also know about common problems that arise during the estate administration process and will draft your Will to avoid these problems.
For example, there are rules about who can be your personal representative, legal entitlements for certain family members, and laws for certain beneficiaries, such as minors. A good estate planning lawyer will apply their legal expertise to draft a comprehensive Will tailored for you. Your lawyer will also identify potential issues with your estate and may recommend or coordinate with other professionals on your behalf.
Lawyers can be creative. No, really!
An experienced estate planning lawyer can assist you with creative solutions for giving gifts in your Will in ways you may not be aware of. A lawyer can address family properties, heirlooms, sentimental items, charitable donations, and what happens to your pets in unique ways depending on the circumstances. Lawyers can also help with drafting trusts for spouses or other beneficiaries depending on what terms you have in mind.
Technicalities Ahead
A Will is a legal document and there are technical rules that apply to the making and signing of a Will. An experienced lawyer will follow the technical rules when it’s time to sign, including arranging for two neutral witnesses and a Commissioner.
If your Will is not prepared or signed correctly, technical problems could mean costly court appearances to fix such errors. Any amendment to your Will must also follow all the same technical rules. A small problem can become a costly one, but a lawyer can help prevent these issues before they arise.
Protect Yourself
A lawyer has a duty to keep all information received from you confidential and to act in your best interests. As part of providing legal services to you, your lawyer will make sure that no one is coercing you to appoint certain a personal representative or to make certain gifts in your Will. Your lawyer is your legal advocate. They will identify and discuss any concerns with you and will help you with a game plan if you feel that you are being coerced.
Protect your Estate
Estate lawyers take steps to protect your document from being challenged by someone else. When you make a Will, you must have legal capacity. Lawyers will take notes regarding your capacity and may ask for back-up evidence if there is a higher risk of potential challenges. Having a legal professional on your side and as one of your witnesses adds stronger protection in your favor compared to a do-it-yourself approach.
DIYs Gone Wrong
Repairs to any faulty DIY projects can be costly and time consuming, and legal documents are no exception. Missing an essential component in your Will, using an ineligible witness, and not following technical signing rules can all result in needing a costly court application to fix the problem. Should an issue arise, there is no guarantee a judge will agree to a requested fix. They may decide that your Will is invalid depending on the problem. To prevent such risks, get an experienced legal professional on your side.
Mistakes Happen
A properly qualified lawyer has professional liability insurance. If your lawyer makes a mistake with the drafting or signing of your Will, and the mistake causes damage to your estate, the lawyer’s insurance coverage may cover the cost of any damage caused. There is no protection if you prepare your Will yourself or if you have a non-qualified legal professional, such as an accountant or paralegal, prepare your Will.
Other Benefits
Reaching out to a lawyer and establishing a professional connection can have other benefits.
- Your estate planning lawyer may recommend and help you with making your Enduring Power of Attorney and Personal Directive, which are crucial parts of your estate plan.
- Many law firms have secure fire-proof vaults where you can store your original Will and other essential documents, so you don’t have to worry about locating or losing them.
- Because your lawyer will be familiar with you, your estate and your family structure, they are in a good position to help you make amendments if you wish and help your personal representative with estate administration tasks should the need arise.
- Many estate planning lawyers can also assist and guide you with other legal matters, such as real estate or corporate law, and make referrals to other professionals as needed.
Start now!
Don’t wait until an urgent need arises to get your estate plan in place. Now is the best time to start thinking about your estate plan and get it done. Take steps to reach out to qualified lawyers who have experience with Wills and estates. While a good lawyer will cost more than doing it yourself or using a Will kit, the benefits and protections you get are worth the cost.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Sherry D. Simons
