With the advancements of technology, everything now a days is at the tips of your fingers. You can order your groceries online, upload a cheque to your bank account, and even meet with your doctor! Do-it-yourself will kits have become extremely popular over the years due to their cheaper prices and easy online access. But sometimes, having easy access to something doesn't always mean it's for the best.

What is a Do-It-Yourself Will Kit?

A do-it-yourself will kit, is essentially a fill in the blank document that allows you to insert information such as your name, who your trustee(s) will be, who will be the guardian(s) of any of your dependents, and who your beneficiaries will be.

Are They Legal?

A do-it-yourself will kit is legally recognized by the Canadian courts; however, it is not the document itself that is legal but the physical signing and witnessing of the document that makes it legal. You must be of sound mind, over the age of majority of the province you live, must be signed in wet ink by you and two valid witnesses and must be stored in physical copy.

The Dangers of a Do-It-Yourself Will Kit

Do-it-yourself will kits are structured in a one-size-fits all format; however, each person's situation is different, and their will needs to match the uniqueness of that individual to ensure proper execution of the individual's intentions and wishes upon their death. These do-it-yourself will kits do not offer much personalization and if you add things to it without consulting a lawyer, you may create contradictions, errors, or provisions that are not legally recognized.

If the signing and witnessing formalities are not executed within the guidelines set out by the law, your will is not legally-binding and therefore puts you at risk of not having a will upon your death.

This means, the beneficiaries will not be who you have named in your will, but rather will go to who the law determines. The law states that an estate will distribute the first $350,000.00 to a legally married spouse and the residue is then divided between the spouse and the children of the deceased, if any. If there is no spouse or children, the estate is divided among the parents of the deceased. If there are no parents, it will be divided equally among the siblings of the deceased, if any. If there are no siblings, the estate will be divided equally among the nieces and nephew of the deceased, if any. And the list goes on, until it reaches the Crown if there are no living relatives to benefit from your estate.

If you are looking to update your do-it-yourself will kit, you would have to purchase a whole new kit every time you want to update it, and again ensure that the signing formalities are followed.

There is no guidance or support from a lawyer when you purchase a do-it-yourself will kit, so if you have questions, you are left with no one to turn to and may make errors that can invalidate the will and puts your estate at risk.

Connect With Suzanne Desrosiers Professional Corporation

If you want to ensure your estate is planned for in accordance with the law, or if you have any questions about estate planning, please feel free to reach out to Suzanne Desrosiers Professional Corporation by calling us at (705) 268-6492 or emailing us at info@sdlawtimmins.com and we would be more than happy to help!