Q: I’ve heard a lot about will kits, or even doing up a will online. Why would I go to a lawyer and pay many times as much for the same document?
A:A lawyer’s job is not simply to draft the will, but also to ask questions and provide advice.
Wills often seem like simple affairs. Sometimes they are and sometimes they aren’t.
There are many questions lawyers might ask to ensure all issues are looked after.
Here are examples.
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Do you have grandchildren? Would you like anything to go to them if your child predeceases you? Should it be held in trust until they reach a certain age?
What if one of your children is going through a divorce when you die? Would you like us to do our best to make sure it goes only to your child, and not his spouse?
Do you own your land in joint names with your spouse? Doing so could avoid probate fees if one of you died first.
Is the land in joint names with a child who helps farm it? It may not automatically go to that child when you die even if that was your intention.
There may be additional steps you need to take to make sure that happens.
Do you have a farm corporation? There may be income tax advantages to setting up a spousal trust. It could mean thousands of dollars in savings to the surviving spouse, or maybe not.
Have you discussed this with your accountant?
How do you want to handle the shares of your farm corporation when you die? You can’t leave the land the company owns to anyone, only your shares in the company.
Would you like the farm to stay with your farming child, but make sure that the other children also get their fair share?
Maybe we provide the farming child the chance to buy the farm outright from your estate, paying out your other children.
Do you intend to leave your farm to children from a previous marriage? Did you know that you have a legal obligation to provide for your current spouse with a fair portion of the estate?
If you’ve already discussed it with her and she agrees, maybe we can write an inter-spousal contract to make sure those intentions will be followed.
Are you planning on getting married? Entering into marriage, or being in a common-law relationship for a period of time, voids any will you have, unless you specifically provide for that in the will. And these provisions vary depending on what pro-vince you live in.
A skilled lawyer will help address these kinds of issues so your estate plan can reflect what you really want for your assets and beneficiaries.
