Why Have a Lawyer Draft Your Estate Plan and Will?

A will is a legal document that outlines a person's final wishes regarding their estate, including who will receive their assets, who will handle their affairs, and how any outstanding debts and taxes will be paid. It is important to have a will to ensure that your wishes are carried out after your passing and to prevent any disputes among your loved ones. However, creating a will can be complex and present challenges for those without experience in the process. 

A lawyer who specializes in wills and estates can provide valuable guidance and assistance throughout the process of creating a will. They can help you understand the legal requirements for a valid will in Ontario, such as:



• Ensuring that the document is properly signed and witnessed. 
• The will must be created by you, of sound mind, over the age of 18
• The will must be made by you- the testator
• You must sign the document in the presence of two valid witnesses
• Your will must be signed in wet ink and stored as a physical copy (only the original copy of your will is valid and it cannot be signed digitally at this time)

A lawyer can also provide advice on estate planning, which involves arranging your assets and affairs to minimize taxes and ensure that your loved ones are provided for.

One of the main benefits of working with a lawyer when creating a will is that they can ensure that your wishes are accurately reflected in the document. They can also help you identify any potential issues or concerns that may arise after your passing and take steps to address them in the will. For example, if you have minor children, a lawyer can help you designate a guardian for them in the event of your passing. They can also help you create trusts to protect assets for beneficiaries who may not be able to manage them on their own.

Another important role that a lawyer can play in the process of creating a will is to provide guidance on how to avoid disputes among your loved ones. Unfortunately, disagreements among family members can arise after a person's passing, particularly if they feel that their interests were not adequately represented in the will. A lawyer can help you create a clear and comprehensive will that minimizes the potential for disputes. Being familiar with the process, they can also help you communicate your wishes to your loved ones in a way that is respectful and sensitive.

In addition to helping with the creation of a will, a lawyer can also assist with the administration of an estate after a person's passing. This can involve managing the assets of the estate, paying any outstanding debts or taxes efficiently, and distributing the remaining assets to the beneficiaries in accordance with the terms of the will. The lawyer can also help with any legal issues that may arise during the administration process, such as disputes among beneficiaries or challenges to the validity of the will.

Overall, working with a lawyer who specializes in wills and estates can provide peace of mind and ensure that your final wishes are carried out in the way that you intended. While it may be tempting to create a will on your own using online templates or other resources, it is important to remember that every situation is unique and that a one-size-fits-all approach may not be appropriate. A lawyer can provide personalized guidance and support throughout the process of creating a will and administering an estate, helping to minimize the potential for disputes and ensure that your loved ones are provided for.

Creating a will is an important step in planning for the future and ensuring that your loved ones are taken care of after your passing. Working with a lawyer can provide valuable guidance and assistance throughout the process, from creating a clear and comprehensive will to administering an estate after your passing. If you are considering creating a will or need assistance with estate planning or administration, it is important to seek out the advice of a qualified lawyer who can help you navigate the complex legal landscape and ensure that your final wishes are carried out in the way that you intended.