DIY (Do-It-Yourself) Will?

I have been asked several times about DIY Wills, and thought to share with you my thoughts:

Some people feel their assets are simple enough that they do not need legal advice for executing their Wills. There is nothing, legally speaking, barring you to write your own Will, either using a DIY kit that you can purchase at a stationery store or bookstore, or using online templates for creating your Will. 

This is a matter of choice. However, as a notary, empowered by the laws of British Columbia, who drafts Wills and other personal planning documents, I would alert you to some of the pitfalls for not seeking the advice you need:
(This list is by no means exhaustive, and is provided for discussion purposes only. They are not legal advice!)

1. A DIY Will could be an invalid Will. If you use the wrong online template, or bought the wrong kit, you could be drafting a Will that does not comply with the requirements under BC Laws. For example, some Wills template come with an "affidavit for execution". This is not known to BC Laws, and seeing that form should alert you to the fact you are not looking at the right template. Even without the affidavit form though, does not guarantee you the wording, witness requirements, etc are in conformity to our legislation.


2. Your capacity, at the time of writing, may be questioned after your death. Your beneficiaries (and disappointed beneficiaries) may decide to challenge your DIY Will, on the grounds that you lacked the capacity to create a Will. As a legal professional, it is my job to interview you, and ascertain your capacity before executing your Will. Should the Will be questioned, I may be called upon to court to testify your capacity, and the legality of the Will. 


3. Executors and Beneficiaries. These are areas that require a lot of thinking and planning to ensure a smooth transition of your assets. What happens if your executor cannot or refuse to act after your death? The death of a beneficiary?


4. You may not have given full thoughts on your assets, and thereby creating unnecessary headache for your executor or beneficiary . Most people associate their assets to their bank accounts, your personal collection of collectibles (coins, stamps, etc), and other physical possessions. But what about your insurance policies, registered accounts, land/home, car, etc? 


5. You may decide to disinherit (or 'cut out') one of your kids. While it is your freedom to do so, you need proper legal advice on this matter. Some clients are shocked to learn about Wills Variation (also known as Dependants’ Relief in other provinces) whereby certain disappointed beneficiary can go to the Supreme Court of BC to contest your Will. This can leave your final wishes uncertain.  


6. Your choice of wordings may not show clear intent. A Will, as a legal document, should bear the proper legal language. A clear sentence, in your mind, expressing your intention may not be clear to those reading the Will. By expressing your intention in the correct technical legal language, you lessen the likelihood of court challenges.


7. Questions. Have you thought about what to do with your body? Who will file your final income tax on your behalf? What steps need to be done in order to distribute your asset? How to go about getting death certificates, and other necessary paperwork for pensions, banks, etc? What about other personal planning documents, such as Powers of Attorney, Advanced Directives or Representation Agreements?

As you can see, getting proper legal advice is important. After all, your Will is your last document spelling out your wishes. When a Will is badly drafted, inevitably it may lead to court challenges that drain your estate, cause hardship to your loved ones, and requiring them to spend unnecessary time and effort to rectify the situation.