Some young people may not need a specialized estate lawyer, and online will services offer a degree of sophistication.PeopleImages/iStockPhoto / Getty Images
Consumers have many options when deciding to draft their wills, from online platforms to consulting a lawyer to writing their own. The best option depends on their specific circumstances.
Kevin Wark, managing partner of Integrated Estate Solutions in Collingwood, Ont., says that while many people start the process of getting their estate documents in order – including powers of attorney for property and health care – costs can be one of the stumbling blocks. That might explain why half of Canadian adults surveyed either don’t have a will or an updated document, according to a 2023 Angus Reid Institute poll.
Some decide to simply handwrite their will or buy a $35 will kit, avoiding legal fees of at least a few hundred dollars for basic wills. While a fully handwritten will that’s signed and dated is perfectly valid, Mr. Wark says vague and confusing wording is often found in these documents. Such nuances often leave heirs confused and, in a worst-case scenario, going to estate court.
When people write the documents themselves, they “don’t fully contemplate all of the issues relating to their assets,” Mr. Wark explains. For example, a value piece of jewellery may be left to a person but the executor can’t locate it; perhaps it was sold or misplaced a long time ago.
“Does that mean the person expecting that asset gets nothing, or do they get something else from the estate?” he says. A lawyer-drafted document would typically address that question and cover off such contingencies.
Mr. Wark sees similar issues with will kits, which he believes primarily young people are buying. Perhaps they’re just starting in their careers and they’ve been told by their family or friends they should have a will. But they have few assets and want to do something easy and cheap.
“They want something in place to cover off what they have, but they’re probably more comfortable working online and doing it themselves,” he says.
However, will kits have similar red flags as handwritten wills. While Mr. Wark says many young people may not need the services of a specialized estate lawyer, they could consider online will services [such as Epilogue Wills or Willful], which are the “next step up in terms of sophistication.”
Willful’s chief executive officer, Erin Bury, says online wills are best suited for people in simple situations, such as leaving all their assets to a spouse or a couple of people.
“If someone wants custom legal advice, they’re not going to get that through an online platform,” Ms. Bury says.
She says those with a blended family or a disabled dependant face additional complexity, and they should see an estate lawyer to draft the documents. For example, a disabled dependant might need a specific type of trust to protect government disability benefits, something estate lawyers would arrange.
Seeing a lawyer is also paramount for clients who require secondary wills for assets in other jurisdictions or to separate assets for probate purposes, Ms. Bury adds.
Akua Carmichael, vice-president of planning and services at Estate Stewards Inc. in Toronto, says most people should seek legal advice before drafting wills for one simple reason: the unknown factor.
“How are you able to decipher whether you have a simple or complex case if you’re not getting some professional advice?” she says.
She recalls reading a case about a man who left his marriage and moved on with another common-law partner. A key issue was determining the spouse at the time of his death.
“He had two spouses because he never divorced the first spouse,” Ms. Carmichael says. “Imagine if he used a will kit declaring all assets should go to his spouse. A marital situation that may seem simple to an individual could in fact be quite complex and result in unintended consequences.”
Mr. Wark notes that as people age, they likely have accumulated different types of assets, so require a lawyer to assist them.
“You could have a divorce, a remarriage,” he points out. “You could accumulate significant assets that have tax liabilities. You may have a business. You may have acquired a condo in the southern U.S., which is a complication. You may have rental property.”
More assets means more planning “to minimize any expenses associated with the transfer of those assets,” he says. “This is where an estate lawyer can offer real value.”
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