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Online wills are convenient and cheaper but come with potential pitfalls

Do-it-yourself wills aim to bridge the gap in accessibility and affordability
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Erin Bury and her husband Kevin Oulds, shown in a handout photo, launched Willful almost eight years ago to offer affordable and accessible way to set up wills. THE CANADIAN PRESS/HO-Erin Bury

When Erin Bury and her husband decided to set up their wills in their early 30s, their only option was to visit a lawyer. They knew there had to be an easier way.

B次元官网网址淲e just thought, thereB次元官网网址檚 so much software, from Wealthsimple democratizing and simplifying investing to TurboTax doing this for taxes,B次元官网网址 Bury said.

B次元官网网址淲hy canB次元官网网址檛 we simplify the process of creating a will and make it more affordable and accessible,B次元官网网址 she said. The experience ultimately pushed her and her husband to co-found do-it-yourself will website Willful.

Setting up a will can be expensive and time-consuming, even for those who donB次元官网网址檛 have complex life and financial circumstances. It requires sitting down with an estate lawyer, going over the specifics about your assets and planning what happens after your death, all of which could cost upwards of $1,000.

Online and do-it-yourself wills aim to bridge the gap in accessibility and affordability for people whoB次元官网网址檇 like to make a will. However, experts say this route may not be for everyone.

While working as a tax and estate planning lawyer, Daniel Goldgut noticed most people were looking for relatively basic planning. That means leaving everything to a spouse, dividing assets equally among children or naming a guardian for minor children.

B次元官网网址淚f we could automate the experience, make it easier, more approachable, more affordable, we might be able to help a lot more people get wills,B次元官网网址 Goldgut said, who went on to co-found online will preparation platform Epilogue.

Websites such as Willful and Epilogue offer software to create a customized will without having to work with a lawyer. They begin with questions about your marital status, province of residence and dependents. The platforms also question you on aspects like special possessions youB次元官网网址檇 like to pass on, who your executor will be and how you would like to divide your assets.

Then, youB次元官网网址檒l answer a few more in-depth questions such as, if your executor canB次元官网网址檛 act at the time you pass away, who should be the backup?

But thereB次元官网网址檚 a difference between creating your will online and signing it to make it legally valid.

B次元官网网址淲hen you create a will online with a tool like Willful, that means we can only lead you so far,B次元官网网址 Bury said.

B次元官网网址淲e can give you an instructions page that outlines exactly how to sign that in front of witnesses to make it legally valid but we donB次元官网网址檛 know if you take that final step.B次元官网网址

Online wills are generally still required to be printed and hand-signed in the presence of two witnesses. But thatB次元官网网址檚 not the case in every province B次元官网网址 for example, British Columbia allows wills to be signed electronically.

But even if thereB次元官网网址檚 an extra step to validate the document, the cost of creating an online will is much lower B次元官网网址 typically ranging between $100 to $400.

However, creating a will online doesnB次元官网网址檛 offer the same legal advice a client would get when working with a lawyer.

Goldgut said online wills arenB次元官网网址檛 suitable for complex situations such as blended families, complicated assets, a child whoB次元官网网址檚 receiving disability payments or if someone wants to be specific with the language.

ThatB次元官网网址檚 when people should consult a lawyer to set up a will that can accommodate specific terms, he added.

Esther Abecassis, a lawyer at Devry Smith Frank LLP, says thereB次元官网网址檚 a chance of making an error in DIY wills, which can prolong the process of handling the assets.

For example, she said, if someone created a home-based will and had one witness sign the document instead of two, it could double the length of time the document spends going through the court process.

B次元官网网址淒ouble the paperwork because youB次元官网网址檙e supposed to have two people witness the will, and probably, itB次元官网网址檚 going to cost them three to four times the amount,B次元官网网址 Abecassis said.

B次元官网网址淵ouB次元官网网址檝e worked really hard your whole life,B次元官网网址 she said. B次元官网网址淵ou want to leave a legacy and not a legal mess.B次元官网网址

But Abecassis agreed having a will is better than having no will at all in most cases.

She suggested consulting a lawyer even when setting up an online will to be aware of the potential pitfalls.

B次元官网网址淭he courts donB次元官网网址檛 take lightly the transfer of assets in terms of a testatorB次元官网网址檚 (the person who created the will) intention,B次元官网网址 Abecassis said.

B次元官网网址淭hat personB次元官网网址檚 not alive, so the courts have to make sure that theyB次元官网网址檙e protecting that person.B次元官网网址





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