Canadian Simple Wills
Your Legal Will Frequently Asked Questions...
What is a Will?
A Will, or "Last Will and Testament" is a document that you prepare which states in advance how you would like your possessions to be distributed when you die. You name an "Executor" who has the responsibility to distribute your estate according to the directions outlined in your Will. The Will can also include other important information like naming guardians for your children.
Do I need a Will?
Yes, every adult should have a Will. Without a Will, the courts decide how your estate should be distributed. This may be the same as your intentions, but may not be. If the courts end up distributing your possessions, the process would likely take much longer than if you had prepared a legal Will.
Is this the same as a Living Will?
No, a Living Will is effective when you are alive, and states your preferences for life prolonging treatment should you end up in a persistent vegetative state or irreversible coma. A Will, Living Will and Power of Attorney when combined are considered by many to be a complete set of Estate Planning documents.
do I need a lawyer to create a Will?
No, there are excellent online resources for creating your own Will including the one at www.LegalWills.ca. To be legal, a Will need only be signed by the testator (you) in the presence of witnesses. This is the reason why so many do-it-yourself Will Kits exist. However, blank form will kits are generally a bad idea as they are very prone to mistakes being made by the person creating the Will. However, not everyone needs the legal advice of a lawyer, which is why services like the one at www.LegalWills.ca are growing in popularity so rapidly.
Where should I keep my Will once I've created one?
It is a personal decision where to keep your Will once it has been created, but most importantly it must be accessible by your Executor. You could store it with your important documents at home, but then there is the risk of losing it in disasters like a flood or house fire. Some people store it in a safety deposit box in a bank, but you have to make sure that they will grant access to your Executor at the appropriate time.
Is there anywhere that I can get more information on the process of creating a Will?
There are excellent resources online now, including the site at www.LegalWills.ca. On this site you are guided through the process of creating your own legal with online help at each step.