Alan2005

Yes, you lawyerly rapscallions with your billing japes

Joking aside, for an ordinary couple with a house and some savings it's got to be pretty straightforward I would think. We've got wills (done by a lawyer in the UK, not DIY) - do we really need to update them, they reflect my wishes and are signed and witnessed - isn't that good enough for Canada?

Almost Canadian

In an ideal world they would be. I don't know about B.C. but Alberta has silly rules about where the executors should reside. If they reside outside of Alberta it can cause all kinds of issues.

If you apply for Probate in England, your English one will be fine. If you apply for Probate in B.C., it may cause problems. In Alberta, the lawyer executes an Affidavit confirming who the witnesses where and that the will was executed properly. If the lawyer doesn't do this, the person applying for Probate has to prove the will was executed properly. This can cause big issues if the witnesses are no longer available. It's more bureaucracy and bullshit but it's the way they do things here.

If you try to probat the English will here, don't assume that it will be straightforward.

Alan2005

So, say I drop dead tomorrow. My will says the missus gets everything - you telling me that some arse will stop that cos of some legal bullshit

Almost Canadian

She'll get it, it just depends on how quickly she wants it. It will prove difficult for her to obtain access to shared accounts etc, without the piece of paper saying she can.

With no kids, it is likely that she would get it all in any event if there was no will. Tell her to keep quiet about it

Obviously what I said above was a joke, I wouldn't want to deprive a lawyer of an opportunity to make a buck or two

Alan2005

I'll get a new one done at some point probably. $400 seems steep though - the UK ones only cost 70 GBP (for the pair) when we got them done.

Aviator

Can't be that hard. Here you go DIY X rays
http://content.photojojo.com/tutoria...raphy-at-home/

Aviator

We put everything in joint names so should not be an issue. She even owns half my aeroplane, even though she won't go in it.

We have power of attorney for the other and are each others beneficiary in our wills and life insurance - I'm worth more dead than alive Perhaps that's why she won't go flying, nothing to do with stalling turns and inverted spins.

fledermaus

X-ray technician. pah

I've seen that before - it's fun.

Steve_P

We did the same and I too am currently worth more dead than alive, but I have a term life policy that ends at 65 so she's got two years to do me in.

JAJ

MOST jurisdictions have a procedure for "out of jurisdiction" wills to be recognised, but it's almost always going to be more problematic than dealing with a local will.

If your assets are in Canada, you usually need a Canadian will. If you have left assets in the UK, you then have to decide do you want a UK will (noting Scottish and Northern Irish jurisdictions are different to England & Wales) alongside your Canadian will, or would you intend to probate a Canadian will in the UK? There are pros and cons to each decision.

Howefamily

oh no! Our UK will was about £600 as its complicated with a trust set up. I guess this means we will have to do the whole thing again when we arrive!

airbornesapper

Over the last two years my wife and I were joint executors/executrix for two deceased family members. One had a handwritten will, and the other a non lawyer prepared type written, properly witnessed and signed will.

Neither will had to be probated. My wife had to deal with the first death on her own as I was overseas.

Neither will was contested. We did take the extra step on one to have the witnesses attest in front of notaries that they had witnessed the original signing.

Our own wills are home produced, following applicable conventions and not overly complicated. However if I thought for a moment that I needed legal advice I would seek it and pay accordingly. Having them on a home computer means they can easily be updated which of course requires another signature session.

My will has evolved from the military single page deal to four pages. We are certainly more comfortable with the process now and do not envisage that in our case we will leave a rats nest for others to undo.

If you have a lawyer prepared will you are nuts if you pay big coin for updates...I would use it as a template, retype, change accordingly, then print on nice paper and gather some witnesses - then fill the beer fridge with the savings.

Souvy

Part of the tour preparation innit? Will, POA, medical, dentist and why my missus so delicately calls the "death photo".

Almost Canadian

As I said above, will writing is a loss leader, they hope when you die you will use them to administer the estate. In England, the original will is usually kept with the solicitor that drafted it. Most people don`t realise that it is possible for another firm to administer the estate and just instruct the firm the will is with.

Firms maintain huge wills banks as a way of ensuring business for the future.

I doubt know about other parts of Canada but, in Calgary at least, firms don`t keep the original wills but give them back to the client for safekeeping. That being the case, there is no real ready supply of business sitting in storage. I guess the reason why Canadian wills costs way more than their English equivalents is that the lawyers in Canada are not prepared to take as much of a hit when preparing the will as English lawyers are.

My other pet peeve is that very few Canadian lawyers know anything about investments and what I would call estate planning. They adopt a "Tell me what you want in the will and I will draft it" approach rather than a pro-active approach. Those practising wills and estates work in England usually take extra exams to enable them to be able to provide financial advice (many going as far as becoming IFAs). It is very risky to dabble with wills and estate work in England. Over here, all lawyers seem to believe they are competent to draft a will. The impression I get is that it is not the craft it is in England.

Almost Canadian

Don`t assume that having everything in joint names will ensure plain sailing. Many organizations require a Grant of Probate or Letters of Administration before they will allow access to accounts. It is not uncommon for an account to be frozen until such a document is produced. The institutions do not want to get sued for negligence by the beneficiaries. I blame the lawyers