It happens often. And I welcome it. I meet with a client to assist in preparing their Will and, at some point when discussing any one of myriad conditions, provisions and possibilities, they’ll ask me, “What would you do, here?”
I smile at their confidence in me, but remind them that it’s their Will and so, ultimately, all choices should reflect their personal needs and desires – then I offer suggestions and point out what other clients, in similar situations, have opted for. But their question, posed in person while seated across from me reinforces the advantage – and, I’d stress, the need – to have a real, human law expert guide them through one of the most important legal documents of their lives.
While the internet makes do-it-yourself kits a point and click away, that approach is fraught with problems for the person needing a Will. It ultimately leads to more time lost – and a bigger cost – when a lawyer must break down and correct what the internet told them.
Indeed, reviewing such on-line offerings can, at least, provide a starting point of what to start thinking about, as well as a better understanding of some of the components of a Will and the legal language surrounding them. Even some cursory research can make that in-person consultation with a real lawyer more efficient. And with that lawyer, unlike a web link, you then have the benefit of a professional review from a legal expert. Information culled from the internet, conversely, isn’t subject to consequences if its information is incorrect. That’s not the case with a lawyer; we’re bound by due diligence to insure we properly assess your situation, what you want and what’s possible according to the law.
But even beyond the more ominous pitfalls of attempting it alone, the average person won’t necessarily appreciate or grasp the nuances of Wills and their requirement for clear and strict language. I’m thinking of the homemade Will I recently reviewed that listed beneficiaries, but no trustee. Or the couple that requested anyone born a (their surname) resulting from the union of the couple, can reside in the house following their passing. That vagueness – for example, does that include grand-children who may not carry that family name? – could trigger needing a court to determine legitimate beneficiaries. It’s these kinds of caveats that a lawyer can disseminate and define clearly to meet your true wishes.
More common are those common-law couples who, assume they’re subject to the same rules as legally-married unions. They’re not. While married spouses are entitled to certain automatic property rights when a spouse dies without a Will, common-law spouses do not enjoy these same rights. I’ve walked many clients through options available to protect a surviving common-law spouse. For example, provisions can be included in a Will to hold a shared home owned solely by the deceased common-law spouse for the benefit of the surviving common-law spouse for a specific time period before it eventually passes to the deceased’s children. That way, the surviving common-law spouse is not unintentionally left homeless when their common-law spouse passes.
Here, too, is where a face-to-face consultation with a lawyer can avert and alter these outcomes. A lawyer will offer easy-to-understand explanations, and options, for everything from “dependent support relief” for your common law spouse, to how to parse out your estate to an adult dependent child.
These are the types of Will-related questions that you can’t be expected to fully understand, let alone answer and legally set up on your own to have administered after your passing. A lawyer can and does.
More information? We’re here to help – estates@wardlegal.ca
This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.