Do I need a lawyer to make a will?

Do you need a lawyer to have a will?

Having a will is very important.

Without a will, the government will deem you intestate. This creates significant delays, and complex problems for those dealing with your estate.

There are other reasons to have a will. Without a will you have absolutely no say in what happens after your death. When you don’t have a will the costs to administer your estate can increase significantly, eating into what you may have left behind.

A walid and legal will can be written without a lawyer. The document must be in writing and it must properly signed and witnessed. A will requires two witnesses.

Where the legal professional comes into the picture is in the signing of the affidavit of executions. The affidavit of executions are signed with the notary and with the two witness that saw you sign your will.

 An affidavit of execution is absolutely necessary. This makes your will harder to challenge.

There are some instances where it makes sense to use a lawyer to prepare a will. For example, if you have a complex or exceptionally large estate (high net worth) advanced tax planning and other professional advice would be beneficial. If you are in the middle of a separation or divorce – a lawyer could ensure that the terms in your separation agreement to align with provisions in your will. If most of your family lives outside of Canada you may wish to consult with a lawyer as appointing a personal representative who is not an Albertan resident can create problems when the time comes to administer your estate.

Moto Noto offers do it yourself will kits. Our kits include detailed instructions, will samples and a pre-drafted will in word format which can be edited to suit your needs. Check out our will shop here.

Once you have finalized your will, we offer in-office will signing appointments for $75 + GST plus $10 + GST for every witness that is required. Contact us for specific pricing for mobile signings. We do not sign wills virtually.