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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.

91裸聊视频淲e just thought, there91裸聊视频檚 so much software, from Wealthsimple democratizing and simplifying investing to TurboTax doing this for taxes,91裸聊视频 Bury said.

91裸聊视频淲hy can91裸聊视频檛 we simplify the process of creating a will and make it more affordable and accessible,91裸聊视频 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 don91裸聊视频檛 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 who91裸聊视频檇 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.

91裸聊视频淚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,91裸聊视频 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 you91裸聊视频檇 like to pass on, who your executor will be and how you would like to divide your assets.

Then, you91裸聊视频檒l answer a few more in-depth questions such as, if your executor can91裸聊视频檛 act at the time you pass away, who should be the backup?

But there91裸聊视频檚 a difference between creating your will online and signing it to make it legally valid.

91裸聊视频淲hen you create a will online with a tool like Willful, that means we can only lead you so far,91裸聊视频 Bury said.

91裸聊视频淲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 don91裸聊视频檛 know if you take that final step.91裸聊视频

Online wills are generally still required to be printed and hand-signed in the presence of two witnesses. But that91裸聊视频檚 not the case in every province 91裸聊视频 for example, British Columbia allows wills to be signed electronically.

But even if there91裸聊视频檚 an extra step to validate the document, the cost of creating an online will is much lower 91裸聊视频 typically ranging between $100 to $400.

However, creating a will online doesn91裸聊视频檛 offer the same legal advice a client would get when working with a lawyer.

Goldgut said online wills aren91裸聊视频檛 suitable for complex situations such as blended families, complicated assets, a child who91裸聊视频檚 receiving disability payments or if someone wants to be specific with the language.

That91裸聊视频檚 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 there91裸聊视频檚 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.

91裸聊视频淒ouble the paperwork because you91裸聊视频檙e supposed to have two people witness the will, and probably, it91裸聊视频檚 going to cost them three to four times the amount,91裸聊视频 Abecassis said.

91裸聊视频淵ou91裸聊视频檝e worked really hard your whole life,91裸聊视频 she said. 91裸聊视频淵ou want to leave a legacy and not a legal mess.91裸聊视频

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.

91裸聊视频淭he courts don91裸聊视频檛 take lightly the transfer of assets in terms of a testator91裸聊视频檚 (the person who created the will) intention,91裸聊视频 Abecassis said.

91裸聊视频淭hat person91裸聊视频檚 not alive, so the courts have to make sure that they91裸聊视频檙e protecting that person.91裸聊视频





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