Answers to Common Ontario Will Questions PART 1

Government wills are the same for everyone. Their rules decide who controls your stuff, who gets what and when without any flexibility.

Your spouse’s right to share in property and to support comes first. That means children or stepchildren could receive nothing. Only you know and can cover your family’s special needs. You need to step up and protect them.

You may be intimidated by lawyers who can be confusing and expensive. You want something you can understand and afford. Many people call this a “simple will.”

Thomas said his father’s will was only one line: “I leave everything to my spouse, Rebecca.” But his father and mother owned everything jointly. That may be alright for spouses, as you’ll see next. Thomas’ mother did not need to probate her husband’s will. The father’s will didn’t consider if Rebecca dies before or with her spouse. That can make it an incomplete will. It also does not refer to Thomas as an executor or any beneficiary with any special needs.

Do-It-Yourself (DIY) Wills: Is Nothing Sacred?

One DIY will I read stated: “I leave the first ten percent of my worldly goods to God.” How would anyone arrange delivery? This person’s good intentions were clear. But you can still end up the villain in your own story. You can’t judge the quality of your DIY will. What is missing and what did you leave out or forget? How do you know if you cheated yourself or loved ones?

Legally, you don’t need lawyers to make wills. That’s true. But it is dangerous to act without legal advice. Lawyers can explain Ontario tax, property, estate and family laws that strictly apply to you. Only lawyers can provide legal opinions to confirm wills are valid. There is no substitute for good legal advice about your particular will needs.

Not having lawyer prepared wills have hidden costs if you don’t cover key issues. All the information in the world is online. But AI or Google do not provide legal advice. You need legal advice about your legal obligations in this complex world that restrict what you can do in your will.

Reasons You Need Lawyers to Prepare Wills

Have a lawyer prepare your will if you:

1. Are getting married
2. Have cognitive impairment or memory issues
3. Are separated from your partner
4. Have a common law spouse
5. Were recently hospitalized
6. Have second homes, rental property or business assets
7. Need to save or reduce estate tax
8. Own or will inherit assets outside the country
9. Need help choosing executors
10. Have minor children or dependants with special needs

Ask Yourself These Questions about DIY Wills

Think your estate is so simple that you don’t need expert advice?
You’d be surprised how many problems can arise even in small estates when clear wording or directions are not left in your will.

Do you think you can’t afford help?
Good professional advice comes in all price ranges. Find advice that suits your
budget. It pays dividends in the long run.

Do you feel doing it yourself is better than nothing?
I know of a man who did his own will and left everything to his wife, or so he thought. He left out one sentence and actually left his estate to charity.

Are you insured for a mistake?
Legislation and court decisions change laws every day. Licensed professionals make wills for a living and are insured.

Do you have silent victims of your DIY?
Are you aware that you may be dragging your family members into your problems? When you are gone, they will have to pick up the pieces.

Did you get a second opinion about Your DIY?
If you have planned your estate yourself, do everyone a favour and have your handiwork checked by professionals.

Without a solid estate plan, your money can be wasted by paying unnecessary taxes, years of delay and legal costs. I can help you make your will. Contact me for a meeting.

I am a Certified Specialist in Estates and Trusts Law.