Ask A Lawyer: Will Kit vs. Lawyer
Why Would I Pay A Lawyer For My Will Instead Of Using A Will Kit?
Many Albertans believe that they do not need a professionally drafted Will. While it is true that Alberta law does not require a lawyer to draft or witness a Will, having an expert talk to you about your unique situation, draft the Will accordingly, and be available to answer your questions and explain the document to you is well worth the extra cost.
Wills that are done with a “Will Kit” are hazardous for many reasons. The first, and most common, is that the Will is often not written or signed correctly. I have personally assisted clients in the administration of Estates where the deceased person’s “Will Kit” Will has errors that require a separate application to the Court to rectify. The cost of correcting things after the fact always far exceeds the cost of having a lawyer do the Will correctly in the first place. It also opens the door for the Will to be challenged.
Examples include “Will Kit” Wills that have only one witness, were not dated, or have the same person who witnesses the Will named as an executor or beneficiary. All of these are fundamental errors in the document. A Will is too important a document to do yourself and pray that it is done right.
Lawyers are trained and, those that practice WIlls and Estates Law like we do at Kaup Law Office, have experience dealing with these subjects on a daily basis. I always recommend talking to a lawyer for the same reason I DO NOT recommend attempting to do your own plumbing or electrical work with no training. If you want something to be done right, and function as it is supposed to, get a professional.
Another common mistake in “Will Kit” Wills are gifts or bequests that are void or impossible. These can include gifts to minors, failed attempts at creating trusts, bequests of property that the person cannot make, or contradictory bequests. At best, this means that the property will not go where the person signing the Will thought it would. At worst, the entire Will can be invalidated.
I hope this answered some of your questions about a Will Kit vs. lawyer. Every person’s situation is unique and the “one size fits all” method that Will Kits attempt to use is a poor substitute, especially when addressing a document that will potentially last for decades.
Contact Kaup Law Office to make an appointment or request our Estate Planning Questionnaire, to get started on your professionally drafted Will today.