Legal will question?
- Thread starter BallzDeep
- Start date
Go to a book store and purchase the Canadian Legal Will Kit.
Most book stores sell it and the kit comes with everything you need for a basic will, except a witness or notary
Most book stores sell it and the kit comes with everything you need for a basic will, except a witness or notary
There are at least two questionable aspects to any will, including your quickie. First, is it yours? The 'holograph' will—entirely in your own handwriting and signed—has been held to answer that*, but getting witnesses as well can't hurt.
But the second issue's harder: whether your wishes are clearly expressed, lawful, and address the possible rights and claims of those you leave behind (who might later contest it) For this you would want a lawyer's advice, or at least the advice of a will kit.
But if the plane's leaving in an hour, write out your wishes and hope for the best. Get the real thing as soon as you get back.
Because you will, you know, bon voyage.
*The storied case was a farmer who died when his tractor rolled over, but was able to write "All to wife" and sign his name in the dust on the fender before succumbing.
But the second issue's harder: whether your wishes are clearly expressed, lawful, and address the possible rights and claims of those you leave behind (who might later contest it) For this you would want a lawyer's advice, or at least the advice of a will kit.
But if the plane's leaving in an hour, write out your wishes and hope for the best. Get the real thing as soon as you get back.
Because you will, you know, bon voyage.
*The storied case was a farmer who died when his tractor rolled over, but was able to write "All to wife" and sign his name in the dust on the fender before succumbing.
squash500 said:IMHO, a will is one thing that you should never do yourself. It's always best to get a lawyer involved.
You hear of too many horror stories when people attempt to do wills themselves without the proper legal training. Just my opinion.
Agree 100%. The best advice is to get professional legal help.
If i had a buck for every........well you know.
Get the proper advice and sleep well.
OooH! The Devil's in the details. The more you mention, the more folks can squabble about what wasn't mentioned and why not. You have time to hit a bookstore or get a will kit on line. You could maybe even phone a lawyer and get a 'just for now' will that avoids silly mistakes and do a more thoughtful one later.
"I leave everything to …" is pretty clear, but breaking it down to your sister gets the house and your brother the car, leaves lots of room for Bro' to claim you meant an even split and didn't realize the car would be worth so little. Anyway the life insurance goes to whoever is named as beneficiary so shouldn't even be considered here. And the bank may have a clause in the mortgage that says 'forget wills, here's what happens with the house'. Just some silly f'rinstances
If you're gonna do the holograph thing, do it as a last-ditch-no-time move and keep it dead straight and simple: "Everything goes to Sis, who can decide for herself if she wants to split w/ Bro and how" Or "I want my sibs to get equal shares: Sis decides what's a fair and even split then Bro' decides which half he'll take. No one else gets anything."
But you do what you must and enjoy the trip.
"I leave everything to …" is pretty clear, but breaking it down to your sister gets the house and your brother the car, leaves lots of room for Bro' to claim you meant an even split and didn't realize the car would be worth so little. Anyway the life insurance goes to whoever is named as beneficiary so shouldn't even be considered here. And the bank may have a clause in the mortgage that says 'forget wills, here's what happens with the house'. Just some silly f'rinstances
If you're gonna do the holograph thing, do it as a last-ditch-no-time move and keep it dead straight and simple: "Everything goes to Sis, who can decide for herself if she wants to split w/ Bro and how" Or "I want my sibs to get equal shares: Sis decides what's a fair and even split then Bro' decides which half he'll take. No one else gets anything."
But you do what you must and enjoy the trip.
BallzDeep said:
If you will is extremely simple you can get away with a handwritten will. It has to be all in your own handwriting. It should be as simple as,
"Everything I have I leave ot my wife and I intend for her to be the executor of my estate, for her to resolve any disputes, and for her to receive the benefit of any doubt which may arise."
Does not need a witness though that can't hurt. Does have to be written entirely by hand in your own handwriting, and it's best if you sign it and date it and make sure that people know that it exists and where it is. This whole concept may be different if your will might potentially be executed outside of Ontario--you say you're travelling, if you are moving go see a lawyer.
If it's any more complicated than that speak to a lawyer. You mentioned that you would break it down and make it "detailed" in which case there is much room for interpretation and misinterpretation of your intention, in that case get it done by a professional.
As (Charles) Lord Neaves a Scottish Lord of Council and Session from 1853 to 1858 (a Member of the Highest Appellatate Court for Civil Matters in Scotland) and then from 1858 to 1876 a Lord Commissioner of Justiciary, (a Member of the Highest Appellate Court for Criminal Matters in Scotland) and as well an early supporter of Evolution and Women's Rights wrote:
Ye lawyers who live upon litigants' fees. . . .
You never should forget the profession's best friends;
So we'll send round the wine, and a light bumper fill
To the jolly testator who makes his own will.
He premises his wish and his purpose to save
All dispute among friends when he's laid in the grave;
Then he straightway proceeds more disputes to create
Than a long summer's day would give time to relate.
He writes and erases, he blunders and blots,
He produces such puzzles and Gordian knots,
That a lawyer, intending to frame the thing ill,
Couldn't match the testator who makes his own will.
Ye lawyers who live upon litigants' fees. . . .
You never should forget the profession's best friends;
So we'll send round the wine, and a light bumper fill
To the jolly testator who makes his own will.
He premises his wish and his purpose to save
All dispute among friends when he's laid in the grave;
Then he straightway proceeds more disputes to create
Than a long summer's day would give time to relate.
He writes and erases, he blunders and blots,
He produces such puzzles and Gordian knots,
That a lawyer, intending to frame the thing ill,
Couldn't match the testator who makes his own will.
And here are FAQ's about Canadian wills:
http://www.legalzoom.ca/law_library/wills/introduction.html
http://www.legalzoom.ca/law_library/wills/introduction.html
thompo69 said:
This is the correct answer. But the will has to be ALL in your own handwriting. If you use one of the pre-printed forms, the will is invalidated as some words are not in your handwriting.
But please, go see a lawyer. There are untold fuck-ups and blunders that you can perpetrate trying to do your own will.
For instance, if you have two witnesses to your will, the will is invalidated if one of those witnesses is also a beneficiary.
Lawyers see wills as a loss leader to attract new clients and their rates are often very cheap.
I'm a lawyer, but I don't do estates.
Do it now!!
I did my own. I am single with 2 homes and income property. I'm a US citizen. Over 70% of Canadians do not have a will. I wouldn't waste the money on the lawyer unless you have kids or an ex with kids. You are as simple as it gets.
JEFF247 said:
I did my own. I am single with 2 homes and income property. I'm a US citizen. Over 70% of Canadians do not have a will. I wouldn't waste the money on the lawyer unless you have kids or an ex with kids. You are as simple as it gets.
As already mentioned above by Oldjones, Oagre, and Fuji - if all you are doing is something very, very simple and your estate will be very small yes it will in all likelihood suffice, but if it isn't you can save a lot of heartache and money by having your will drafted by a lawyer.JEFF247 said:
Additionally after a legalzoom will "blows up" who does your estate sue for malpractice?
I also love their radio ads in the U.S. that "a law professor reviewed it and said it was Airtight/Ironclad (I forget which)" which of course takes benefit of the fact that "Joe or Jill on the Street" assumes that airtight is synonymous with well drafted which of course it is not. The will might cost the estate tens or hundreds of thousands of dollars in unnecessary taxes, but be perfectly enforceable - e.g. it's airtight but it surely isn't well drafted.
Bottom line, you have to do what allows you to sleep at night. I was an executor for a large estate. The will, written by my father, was no problem. If your have family that is prone to arguing and fighting then maybe you need a lawyer. I was lucky, I had the full support of family and anyone remotely interested in the will.
Your leaving wednesday and want a will. I don't know how you do it by wednesday without Legalzoom.ca or equivalent. If, when you return, you want a lawyer to review or rewrite it, that's still an optiopn.
Whatever you do, follow threw with it and keep it simple. Good luck!!
Your leaving wednesday and want a will. I don't know how you do it by wednesday without Legalzoom.ca or equivalent. If, when you return, you want a lawyer to review or rewrite it, that's still an optiopn.
Whatever you do, follow threw with it and keep it simple. Good luck!!
Kiss
What are the formal requirements of a Will?
In order to be valid, a will must generally meet the following requirements:
* The will must be in writing.
* You must sign the will at its end.
* Your signature must be made in the presence of two or more witnesses who are both present at the same time.
* The witnesses must sign the Will (as witnesses) in your presence.
* You must be of the Age of Majority in your Province.
hungry said:
What are the formal requirements of a Will?
In order to be valid, a will must generally meet the following requirements:
* The will must be in writing.
* You must sign the will at its end.
* Your signature must be made in the presence of two or more witnesses who are both present at the same time.
* The witnesses must sign the Will (as witnesses) in your presence.
* You must be of the Age of Majority in your Province.
Although it doesn't apply to the OP's situation at present. As has already been mentioned wills are a loss leader for almost all (99.9 %) of lawyers. Most people find a properly drafted will to be quite affordable.
I have stated that all assets are to be sold and distributed evenly amongst my siblings, my concern is I have a brother who could be considered difficult. It's simple but he could complicate it if it's not done properly.
What's the difference between the executor and the PofA, do I need both?
What's the difference between the executor and the PofA, do I need both?
