Using A Will Kit In Alberta
Who does not like saving money? Many will kits offered for sale promise cheap wills for those willing to use them. The issue is that there are problems that come up by using will kits. If you want a will completed on a low flat rate basis, call Kahane Law Office in Calgary, Alberta. Our firm understands how important wills are to individuals and families. Therefore, we offer different price options for those on a budget. Call toady: 403-225-8810.
Things To Consider With Will Kits
There are some areas that cause problems with will kits in Alberta. Here are some of the most common (but this list is not exhaustive)
Will kit for the wrong jurisdiction
The first issue is that will kits often are a product of drafting and / or design for places other than Alberta. Alberta law specifies what goes into a will in Alberta. It is the Wills and Succession Act which governs wills. Those online may be based on American law or, if Canadian, Ontario law where there is a bigger market. Will kits designed for somewhere, for example any other jurisdiction, often lack validity in Alberta. Our laws include other provisions not included in other places.
A cheap will because it is based on old laws
Secondly, the laws in Alberta change. There has been a recent major change in the laws that deal with wills. If the kit that you buy is even designed for Alberta but is old stock, it may lack validity under the new rules. Wills and estates lawyers deal with wills every days. They know the current law as it changes and draft wills accordingly.
No legal advice included in will kits
Lastly, legal advice is why people go to lawyers. Not only are there very specific laws around wills and the drafting of wills. There is also specific legal advice that people need with respect to who beneficiaries are, executors, guardians, how it is signed and even the witnesses. Failing to head these laws may void your will or specific provisions in the will.
When You Should Never Use Will Kits
A few situations exist where it is very strongly advised for people not to use will kits. If you have any unusual, special, specific circumstances around your personal situation, you should talk to a lawyer. These situations will not add any additional cost to your Alberta wills. Avoid will kits if you are:
- Excluding any dependents or close family members from your estate;
- In a blended family;
- Facing any type of familial disputes;
- Remarried with children from a prior marriage;
- Separated from a marriage or common law relationship; and lastly
- Wanting to set up a trust to control how fund disbursement occurs (for minors, spouses, etc.)
Deciding If Cheap Wills Are Worth It?
If getting a cheap will done with a will kit worth it? That is up to you. Wills often last for decades before a reason comes up that requires a change to them. The difference in cost between will kits and having wills professionally done by a lawyer is less than the amount you spend on that cup of coffee you buy on the way to work. Most important, the cost of estate litigation, however, is very expensive.
Call Or Email And Ask About Wills! It Is Free!!
We know the emotional and practical difficulties in thinking about drafting a will. We make it easy. If you want to learn more about how cost effective it is to have a will done by a will lawyer, call or email. Lastly, we will discuss your needs and let you decide if will kits are the way to go for you. Kahane Law Office in Calgary is happy to help. Call now 403-225-8810 or email us directly here.