Do You Need a Lawyer to Make a Will in Canada?

Wills | April 25, 2019

While you technically do not need a lawyer to make a will in Canada, hiring an estate lawyer to draw up your will can offer a range of benefits that you would not have access to if you chose to create a will on your own. At Linley Welwood, we understand how important it is to create a will that is tailored to your unique situation. That is why our team of estate lawyers are fully trained and experienced in handling all types of wills, estates, and trusts.

Advantages of Hiring a Lawyer

Hiring a lawyer to draw up your will can ensure that your will complies with provincial laws, provides the best tax advantages for your estate and heirs, and accounts for your specific circumstances. Some of the main advantages of hiring a lawyer to draw up your will include:

1. Creates an Error Free Will

Since making a mistake in your will, such as not signing the will, not signing in the presence of witnesses, and not updating the will or updating it incorrectly, can lead to the will being declared as void, it is important to make sure that your will is drawn up correctly the first time around. Working with a lawyer can help prevent simple errors from occurring in the first place, while also ensuring that your will is in compliance with all legal requirements.

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2. Allows for Customization

While there are many different tools available online for creating your own will, many of these tools use a basic template that may not fit with your particular situation. Online templates may also use non-specific language that can result in the misrepresentation of words used or non-compliance with the law. An experienced and knowledgeable lawyer will be able to help you write a will that is easily understood, eliminating any confusion.

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3. Prepares You for Contingencies

Many people tend to have set assumptions in mind when it comes to distributing their assets; however, these assumptions may not actually come true, as someone could outlive their heir or the will’s executor. Hiring a lawyer to handle your will can help ensure that you have contingencies prepared just in case your assumptions do not come to fruition.

4. Ensures Legal Compliance

Since writing a will is surrounded by many complicated laws that can be difficult to understand, it is important to ensure that your will is valid in the eyes of the law. An experienced estate lawyer will be able to confirm that the contents of your will and the manner in which it was written properly conform to all legal requirements.

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If you would like to learn more about needing a lawyer to make a will in Canada, or if you are interested in one of our legal services for wills, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.

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