British Expats
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British Expats (https://britishexpats.com/forum/)
-   Canada (https://britishexpats.com/forum/canada-56/)
-   -   UK Wills (https://britishexpats.com/forum/canada-56/uk-wills-520075/)

Almost Canadian Mar 10th 2008 2:37 am
Re: UK Wills
 
Originally Posted by airbornesapper (Post 6038972)
Feel free to point out all the crap in this thread; rest assured a cheque/check for your services is in the mail.

I am tearing up my will, prepared in NB witnessed by New Brunswickers right after this...yeah right...
Do what you want, it really makes no odds to me at all.

Your very first post was wrong - simple as that, it may be correct in England and Wales but doesn't apply to the vast majority of the Provinces of Canada. Your beneficiaries will discover how wrong you are when they come to "prove" your will.

Almost Canadian Mar 10th 2008 2:40 am
Re: UK Wills
 
Originally Posted by airbornesapper (Post 6036195)
as long as the will is witnessed by two unrelated persons then its a legal will.

The witnesses can be related

Almost Canadian Mar 10th 2008 2:41 am
Re: UK Wills
 
Originally Posted by airbornesapper (Post 6036341)
I agree with your last comment about the witnesses; although its certainly best if they are not related to the testator.
Being related to the testator does not invalidate them as witnesses

dbd33 Mar 10th 2008 2:45 am
Re: UK Wills
 
I went to a lawyer last Friday and had reciprocal wills and powers of attorney prepared, two wills, four powers of attorney (one each for property and care) total $500. Even I can't begrude the lawyer that fee.

Interestingly, he pointed out that the probate will still be a "right **** up" because none of the executors nor beneficiaries are likely to be Canada. Still, I can't help that.

airbornesapper Mar 10th 2008 2:59 am
Re: UK Wills
 
Originally Posted by Almost Canadian (Post 6042588)
Do what you want, it really makes no odds to me at all.

Your very first post was wrong - simple as that, it may be correct in England and Wales but doesn't apply to the vast majority of the Provinces of Canada. Your beneficiaries will discover how wrong you are when they come to "prove" your will.
The only thing I take out of your post is that the only worthwhile Will is one that is prepared and signed by a lawyer and his secretary or whatever. I call crap to that.

What I have done respects the NB Wills Act and I have the forms ready to go in my package for letters probate (if required). I realize that one of my witnesses may be required to sign the attestation form. So what, big deal.

Your post is just the usual lawyer scare-mongery. It's not rocket science to reverse engineer a Will.

I don't advocate anyone preparing their own will if they are not comfortable.

I am off overseas in few months for 13 more, I am fine with what I am leaving behind, should it be required.

:D

airbornesapper Mar 10th 2008 3:06 am
Re: UK Wills
 
Originally Posted by dbd33 (Post 6042640)
I went to a lawyer last Friday and had reciprocal wills and powers of attorney prepared, two wills, four powers of attorney (one each for property and care) total $500. Even I can't begrude the lawyer that fee.

Interestingly, he pointed out that the probate will still be a "right **** up" because none of the executors nor beneficiaries are likely to be Canada. Still, I can't help that.
Dbd33, hopefully you did not pay much for the power of attorney completion.

You probably know that the province supply the kit for free. But for those that don't know:

http://www.attorneygeneral.jus.gov.o...ly/pgt/poa.pdf

Again, they have to be witnessed!!

dbd33 Mar 10th 2008 3:19 am
Re: UK Wills
 
Originally Posted by airbornesapper (Post 6042736)
Dbd33, hopefully you did not pay much for the power of attorney completion.

You probably know that the province supply the kit for free. But for those that don't know:

http://www.attorneygeneral.jus.gov.o...ly/pgt/poa.pdf

Again, they have to be witnessed!!
I don't remember what the individual items cost, I just thought the bill was "not a lot" considering one will is slightly complicated, requiring a "Henson trust". At $500 I think it's something one may as well have a professional do, the same way I pay to have someone change the oil in the car; I could do it but, at the price, it's just not worth the hassle.

airbornesapper Mar 10th 2008 3:35 am
Re: UK Wills
 
Dbd33, had to look up what a Henson's Trust actually was; thanks for putting that in your post.

For other's so interested, here is a link.

http://www.specialneedsplanning.ca/tools.html

dbd33 Mar 10th 2008 3:47 am
Re: UK Wills
 
Originally Posted by airbornesapper (Post 6042846)
Dbd33, had to look up what a Henson's Trust actually was; thanks for putting that in your post.

For other's so interested, here is a link.

http://www.specialneedsplanning.ca/tools.html
This is the sort of thing that makes the $500 money well spent.

Elaine B. Mar 10th 2008 4:52 am
Re: UK Wills
 
Originally Posted by dbd33 (Post 6042902)
This is the sort of thing that makes the $500 money well spent.
Yeah but best to avoid lawyers at all cost I've heard they eat children:rofl:

woofwoof Mar 10th 2008 5:15 am
Re: UK Wills
 
Originally Posted by JAJ (Post 6036437)
No they do not automatically become invalid.

However, normally people do need to obtain a new one depending on:

- if most of their real property is to be located in a new jurisdiction; and
- the law of that jurisdiction on admitting non-local wills; and
- what the processes of that jurisdiction are for setting down wishes on guardianship of children.
OK......just going on what my uk solicitor said.....maybe he said something that I interpreted to mean "invalid"
Definitely going to get a new one when we get there permanently..makes us feel comfortable.........:)

dbd33 Mar 10th 2008 5:17 am
Re: UK Wills
 
Originally Posted by Elaine B. (Post 6043226)
Yeah but best to avoid lawyers at all cost I've heard they eat children:rofl:
I didn't touch the lawyer. I didn't feed it even from a distance. I had a child with me but placed her in the floor across the desk from the lawyer. I wore heavy gloves. I considered taking a prod with me but I've heard that they're even more dangerous if provoked but not killed outright.

Don't get me wrong, I don't saying that seeing a lawyer is pleasant. You must pay close attention in order to leave the room with anything left to will to anyone. Nonetheless, sometimes it's prudent to sup with the devil.

mandymoochops Mar 10th 2008 5:24 am
Re: UK Wills
 
A bank will only freeze the account if it in a single name, if it is joint and several then the account will continue in the name of the surviving, and a note put on the file to that end.

Elaine B. Mar 10th 2008 5:33 am
Re: UK Wills
 
Originally Posted by mandymoochops (Post 6043378)
A bank will only freeze the account if it in a single name, if it is joint and several then the account will continue in the name of the surviving, and a note put on the file to that end.
Was that one of the questions on your test last week?;)

Almost Canadian Mar 10th 2008 6:11 am
Re: UK Wills
 
Originally Posted by airbornesapper (Post 6042701)
The only thing I take out of your post is that the only worthwhile Will is one that is prepared and signed by a lawyer and his secretary or whatever. I call crap to that.

What I have done respects the NB Wills Act and I have the forms ready to go in my package for letters probate (if required). I realize that one of my witnesses may be required to sign the attestation form. So what, big deal.

Your post is just the usual lawyer scare-mongery. It's not rocket science to reverse engineer a Will.

I don't advocate anyone preparing their own will if they are not comfortable.

I am off overseas in few months for 13 more, I am fine with what I am leaving behind, should it be required.

:D
Where did I say the will will be invalid - If you actually bother to read what I have said, you will note that "proving" the will will be problematic if it has not been signed by a lawyer/notary. This is due to the Surrogate Court's rules and has nothing to do with lawyers.

I would be very interested to learn how you intend to have your witnesses attest to anything if, for instance, they meet with an accident before the will is proved.

If one wants to go it alone and save money, I would suggest drafting your own will and then signing it in the presence of a lawyer/notary.

You obviously know it all and I am very happy for you - that's all I intend to say.


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