Making a will - DIY
#1
I'm sure this has cropped up before but I can't find anything.
On a UK website I found this:
Does this hold true for Canada too? Are there "will writing services" in Canada. $400 to $600 seems a bit steep for the situation described when a kit from Staples can be had for less than $20 or for between $30 and $70, answering a few questions on various "legal document" websites seems to produce a simple will (with seemingly legal jargon) as above.*...*
Does anyone have any experience of DIY wills?
On a UK website I found this:
*In general you should only write your own will if your wishes are very simple, for example, if you’re married and:
you want to leave everything to your husband or wife, and
if they die before you, you want to leave everything to your children*
If there’s anything more complicated than that – for example, if you have step-children or you aren’t married to your partner – you should probably use a solicitor or a will writing service.
you want to leave everything to your husband or wife, and
if they die before you, you want to leave everything to your children*
If there’s anything more complicated than that – for example, if you have step-children or you aren’t married to your partner – you should probably use a solicitor or a will writing service.
Does anyone have any experience of DIY wills?
#2
Isn't this something that will vary from province to province in Canada? Provincial legal frameworks being subtly different in each place?
#3
I'm sure this has cropped up before but I can't find anything.
On a UK website I found this:
Does this hold true for Canada too? Are there "will writing services" in Canada. $400 to $600 seems a bit steep for the situation described when a kit from Staples can be had for less than $20 or for between $30 and $70, answering a few questions on various "legal document" websites seems to produce a simple will (with seemingly legal jargon) as above.*...*
Does anyone have any experience of DIY wills?
On a UK website I found this:
Does this hold true for Canada too? Are there "will writing services" in Canada. $400 to $600 seems a bit steep for the situation described when a kit from Staples can be had for less than $20 or for between $30 and $70, answering a few questions on various "legal document" websites seems to produce a simple will (with seemingly legal jargon) as above.*...*
Does anyone have any experience of DIY wills?
I have lots of experience of having to deal with DIY wills after death of the testator either side of the Atlantic. IMVHO, none of them were worth the amount saved by not using a lawyer.
Be very careful about a hand written will. It is only valid if it is written entirely in the hand of the testator. Filling in blanks in "will kit" does not satisfy this requirement.
There are will writing services available in Alberta. They are, of course, all non-lawyers. Why somebody would pay them to write a will is beyond me.
#4
Hi
The law firm we use, quotes $250.00 for a simple will, $450 for a couple, and $350 for seniors. Well worth the money to have it done properly.
I believe the quoted advice holds true either side of the Atlantic.
I have lots of experience of having to deal with DIY wills after death of the testator either side of the Atlantic. IMVHO, none of them were worth the amount saved by not using a lawyer.
Be very careful about a hand written will. It is only valid if it is written entirely in the hand of the testator. Filling in blanks in "will kit" does not satisfy this requirement.
There are will writing services available in Alberta. They are, of course, all non-lawyers. Why somebody would pay them to write a will is beyond me.
I have lots of experience of having to deal with DIY wills after death of the testator either side of the Atlantic. IMVHO, none of them were worth the amount saved by not using a lawyer.
Be very careful about a hand written will. It is only valid if it is written entirely in the hand of the testator. Filling in blanks in "will kit" does not satisfy this requirement.
There are will writing services available in Alberta. They are, of course, all non-lawyers. Why somebody would pay them to write a will is beyond me.
#5
Be very careful about a hand written will. It is only valid if it is written entirely in the hand of the testator. Filling in blanks in "will kit" does not satisfy this requirement.
There are will writing services available in Alberta. They are, of course, all non-lawyers. Why somebody would pay them to write a will is beyond me.
Every would be immigrant to Canada is actively discouraged from using an immigration lawyer. Software helps with taxes - probably Tax Return services charge fees for using the same software people could use themselves.
Some folk buy/sell property on a DIY basis.

For a situation as described - the sole asset (the marital home jointly owned by husband and wife) passing to the surviving spouse or the named kids - is it not pretty straightforward and feasible to do via, say, legalwills.ca or lawdepot.ca?
#6
I am confident that there have been many DIY wills that achieved what the testator intended them to achieve without issue.
It all comes down to your risk tolerance. The incorrect use of words; the incorrect execution; the incorrect use of people (as I have indicated here before, in Alberta, nominating an out of Province executor creates unforeseen issues) etc.
The fees that PMM has referred to above are, IMO, not excessive for peace of mind. YMMV
Maybe they at least recognise what meets various legal requirements and can spot problematic areas? After all, people do pay extra to have their passport application done via the post office in the UK (assuming this is still a service provided) and benefit from the security that it's done properly.
Every would be immigrant to Canada is actively discouraged from using an immigration lawyer. Software helps with taxes - probably Tax Return services charge fees for using the same software people could use themselves.
Some folk buy/sell property on a DIY basis.
For a situation as described - the sole asset (the marital home jointly owned by husband and wife) passing to the surviving spouse or the named kids - is it not pretty straightforward and feasible to do via, say, legalwills.ca or lawdepot.ca?
Every would be immigrant to Canada is actively discouraged from using an immigration lawyer. Software helps with taxes - probably Tax Return services charge fees for using the same software people could use themselves.
Some folk buy/sell property on a DIY basis.

For a situation as described - the sole asset (the marital home jointly owned by husband and wife) passing to the surviving spouse or the named kids - is it not pretty straightforward and feasible to do via, say, legalwills.ca or lawdepot.ca?
The fees that PMM has referred to above are, IMO, not excessive for peace of mind. YMMV
#7
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Joined: Jul 2007
Posts: 11,708
From: White Rock BC











I suppose you could see what happens in your province if you die intestate. The rules may meet your needs.
We paid something over $800, taxes and all the other charges lawyers manage to get on their bills all in, for two wills and two powers of attorney. It is a chunk of change. I rather hope Mrs. JonboyE will be upset when I turn my toes up so anything I can do now to make it easier I will do.
We paid something over $800, taxes and all the other charges lawyers manage to get on their bills all in, for two wills and two powers of attorney. It is a chunk of change. I rather hope Mrs. JonboyE will be upset when I turn my toes up so anything I can do now to make it easier I will do.
#8










Joined: Aug 2005
Posts: 14,227











These kind of discussions always make me think lawyering is one big scam. At least it is not there to protect people and is instead just self serving.
If you write your own will and it is obvious to a reasonable person what you meant then it should just be carried out. Lawyers shouldn't get to screw people just because you didn't follow their money grabbing rules.
If you write your own will and it is obvious to a reasonable person what you meant then it should just be carried out. Lawyers shouldn't get to screw people just because you didn't follow their money grabbing rules.
#9
These kind of discussions always make me think lawyering is one big scam. At least it is not there to protect people and is instead just self serving.
If you write your own will and it is obvious to a reasonable person what you meant then it should just be carried out. Lawyers shouldn't get to screw people just because you didn't follow their money grabbing rules.
If you write your own will and it is obvious to a reasonable person what you meant then it should just be carried out. Lawyers shouldn't get to screw people just because you didn't follow their money grabbing rules.
Its a minefield, you are damned if you do, and damned if you dont.
#10
What is there to challenge? Who's left to challenge? Siblings of the deceased?
#12
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Joined: Oct 2010
Posts: 4,854
From: A Briton, married to a Canadian, now in Fredericton.











These sort of threads make me think "Must Make Will". I really must, and I have to get round to one in Canada, had one in Europe, just not here. That's stupid. Thank you for reminding me Bristol.
#13
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Joined: Jul 2007
Posts: 11,708
From: White Rock BC











i) because there is some flaw in the will itself (including the mental capacity of the testator)
ii) because the meaning of the will is unclear
iii) because the will does not make adequate provision for the deceased's spouse and dependents.
A lawyer can ensure i) and ii) doesn't happen. They can also give advice on on iii). iii) is the main reason wills are challenged. However, I don't think "leave everything to the spouse, and if they pre-decease me equally to the kids" leave much scope to challenge.
#14










Joined: Aug 2005
Posts: 14,227











In BC there are only three grounds for contesting a will:
i) because there is some flaw in the will itself (including the mental capacity of the testator)
ii) because the meaning of the will is unclear
iii) because the will does not make adequate provision for the deceased's spouse and dependents.
A lawyer can ensure i) and ii) doesn't happen. They can also give advice on on iii). iii) is the main reason wills are challenged. However, I don't think "leave everything to the spouse, and if they pre-decease me equally to the kids" leave much scope to challenge.
i) because there is some flaw in the will itself (including the mental capacity of the testator)
ii) because the meaning of the will is unclear
iii) because the will does not make adequate provision for the deceased's spouse and dependents.
A lawyer can ensure i) and ii) doesn't happen. They can also give advice on on iii). iii) is the main reason wills are challenged. However, I don't think "leave everything to the spouse, and if they pre-decease me equally to the kids" leave much scope to challenge.



