Why should I go to a lawyer to make a Will if I don't own a lot and my affairs are simple?

 


Even if your affairs seem simple or you don’t own much, there are several important reasons to consider going to a lawyer to make your will:

1. Avoiding Mistakes:

Making a will on your own can lead to errors or omissions that could render your will invalid or cause confusion. Lawyers ensure that your will complies with Ontario’s legal requirements, such as proper witnessing and signing, which reduces the risk of your will being challenged in court.

2. Customizing for Specific Needs:

Even simple estates can have nuances. For example, you may want to leave personal items to specific people, designate guardians for minor children, or make provisions for charitable donations. A lawyer can help tailor the will to meet these wishes, ensuring clarity and precision.

3. Ensuring Proper Execution:

Lawyers understand how to structure your will to avoid ambiguity or conflicts between beneficiaries. They can also ensure that your will is properly executed and meets the formalities required to be valid under Ontario law.

4. Minimizing Disputes:

A professionally drafted will reduces the likelihood of family disputes after you pass. If your will is vague or improperly drafted, it could lead to disagreements among your heirs, which could result in costly legal battles and strained relationships.

5. Advice on Legal and Tax Implications:

Even if you think your affairs are simple, there may be legal or tax implications you're unaware of. For instance, the manner in which certain assets, like joint accounts, life insurance, or RRSPs are treated can vary. A lawyer can help you understand how your assets will be taxed or distributed and ensure your will covers all bases.

6. Updates and Revisions:

Life circumstances change. Lawyers can help you update your will if you go through a major life event, such as getting married, divorced, having children, or acquiring more assets.

7. Reducing the Risk of Intestacy:

If your will isn’t drafted properly, it might be deemed invalid, and you’ll be treated as if you died intestate (without a will). This could result in your estate being distributed according to Ontario’s intestacy laws, which may not align with your wishes.

In summary, while DIY will kits or online services may seem sufficient for simple affairs, the peace of mind, legal assurance, and protection against potential issues make seeking a lawyer’s help a valuable investment in your estate planning.


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