Are Online DIY Wills Temporary Solutions or Not?

A man’s dying is more the survivor’s affair than his own. – Thomas Mann

Too often people expect that making a will is a long and complicated process. They fear that this process takes more time and money than they can afford. One day when they have the time, they’ll sit down and do it right. In the meantime, can a temporary do-it-yourself online will make a difference? Anyway, how can it hurt? I’ll explain.

Estate Planning is for Your Survivors

Think about who must validate your DIY will? Can they pay a lawyer to go to court to validate the will? How much will that cost? That reminds me of the old question: how much does it cost to contest a will? Answer: How much can you afford?

Would you want to put your loved ones at risk buying cheaper wills until you can get around to doing it right? A professionally prepared will does not guarantee a will will not be contested. However, the lawyer who prepared it needs to defend it. Who can defend your DIY will?

Do-it-yourself online wills contain warnings that they do not provide legal advice. They are not suitable for all individuals. You are responsible for correctly completing any DIY will forms. Your loved ones pay the price for incomplete or any imperfectly drawn wills you prepare. They can end up in court. You don’t have to be rich for a war to start. Online will websites do not provide legal advice and are not regulated. Websites cannot testify in court to support your DIY will.

Many lawyers will tell you that their clients do come into their office and admit they purchased DIY wills. They often were disappointed because what they were looking for was advice – and a DIY fill-in-the-blank online form does not provide that. Online will websites can only provide guidance, not legal advice. They cannot provide assurance that most clients want and need about their legal options.

Jen & Ryan

Jen and Ryan, a couple in their mid-thirties, recently purchased an expensive recreational boat. Since the birth of their first child, Jen has taken parental leave, leaving the family temporarily dependent on Ryan’s income. Looking for ways to reduce expenses while updating their estate plans, they wanted to use and online DIY will service instead of hiring a lawyer. They believed this would provide adequate protection for their family in the short term. This option may have given them a false sense of security that all was protected.

The bombardment of online ads for do-it-yourself wills demonstrates a public demand for information on wills and estate planning. People may purchase online wills hoping they will find information or at least clues as to what they should be doing. Why is that? Many professionals cannot plainly speak about estate planning and wills.

For most individuals, estate planning means knowing the answers to the right questions. Their financial planners cannot provide answers to common legal questions.

Questions for Lawyers

Consider these common legal questions:

1. Wills – what terms should be included for minor children?
2. What should be included in powers of attorney?
3. What if an individual is receiving government assistance, is spendthrift, disadvantaged or bankrupt?
4. How do you make sure your business is protected?
5. What can be done legally to reduce probate costs?
6. How can the vacation property/cottage be divided equally?

Don’t accept a DIY will as a good temporary measure. Book your discovery meeting to learn your legal options and obtain estate legal advice.

Do you have questions about making your will? I have helped clients since 1978 plan their estates to protect their loved ones.

I can offer you a discovery meeting to discuss your needs by Zoom or in-person in my Toronto west-end office. Arrange your no-obligation discovery meeting today to avoid making any scary estate planning mistakes.

I am a Certified Specialist in Estates and Trusts Law. I can give you expert tips to end your estate worries.