Frequently Asked Questions

Our legal staff will draft your will over the phone so that you don’t even need to leave your house! Our wills are far more comprehensive than anything you will find from an online kit. We only need 20 minutes of your time and we are happy to answer all of your questions and put your mind at ease which you obviously are not getting from an online will service. All of this for the same price (even a bit less) than doing it yourself online. There is no comparison to having a professional draft your will for you!
Also, we can have a lawyer legally execute and notarize your documents so there is no need to take them elsewhere. We are a One Stop Wills Shop. We can provide an affidavit of execution to make probate go faster and be less expensive. We also make sure it is executed and witnessed properly which ensures that it is legal and official. To us, it is the difference between making yourself Mac and cheese or going to a beautiful Italian restaurant, lol. However, the choice is yours, we are a zero pressure law firm 🙂

2.What is a will?

A Last Will and Testament, or more simply known as a Will, is a legal document outlining how you wish your estate and property to be handled after you pass. It also is the place where you assign a guardian for minor children and caretakers for your pets.

Your Last Will and Testament will be used as the guidelines for your executor to settle your estate after you pass, and will be the primary point of reference for doing so according to your wishes.
As such, it should make it clear how you wish these assets be distributed amongst your beneficiaries.
A Will is also distinct from a Living Will, also known as a Power of Attorney for Personal Care, which is only in effect while you remain alive.

3. What Is a Mirrored or Spousal Will?

Mirrored wills are used to allow two people, usually married couples, to create almost identical wills which leaves everything to each other. This would cover both parties’ wishes. If the two married people die at the same time, or within thirty days of each other, then everything would go to the couples’ children or a named beneficiary.

4. What is a Power of Attorney (POA)?

Power of Attorney (POA) is a document that allows someone you appoint to act on your behalf. There is one for property which would allow the person to sign for you at the bank, speak to your credit card company and even sell your home if you needed them to or were unable to speak for yourself (eg. if you were ill/ out of the country).

5. What is a Power of Attorney for Personal Care?

There is also one for healthcare, so you can appoint someone to speak on your behalf in medical situations that you are unable to speak for yourself- you can also outline your wishes should you become incapacitated.

6. Why are you so cheap?

To be honest, when COVID hit our firm really suffered. We decided to give 500 free wills to frontline workers (half to give back and half so that our staff would be busy and we wouldn’t have to let people go). After that we decided that we would heavily discount the price so that more people could afford our services. The feedback from our clients was that they appreciated the price and how efficiently it was being done virtually. We then decided to keep doing them virtually which has allowed us to keep these competitive prices going. We have built amazing software and have become totally virtual. The will is still the same quality as when we charge full price. It just doesn’t take 4 hours of a lawyers time anymore and therefore we can be much more competitive.

7. What are the Parts of a Will?

There are several important elements that make up a Will:
– Name and Personal Information of Testator
– Statement Revoking Prior Wills and Codicils
– Appointing the Executor
– Appointment of Guardian(s) for minor children
– Listing of Beneficiaries
– Distribution of Residue
– Wipeout Clause
– Witnessing and Signing Page
– Affidavit of Execution

8. What is a legal Guardian?

A legal guardian is an individual appointed to take care of your minor children after you pass – your will is an opportunity to outline who you would like this individual to be, whether they be a parent, sibling, or a trusted friend.
Who you appoint is up to your discretion, however if you don’t have a will or no guardian is specified, it will be up to the court to determine who should gain guardianship over the child – while they will base this decision on the best interests of the child, it may not be who you would have chosen.

9. What is an Executor?

Your executor is the individual responsible for carrying out your wishes as outlined in your will – this role includes a wide variety of responsibilities, such as paying off debts and taxes, distributing your assets, making funeral arrangements, and more.
Your executor will be tasked with following your Will as a guide and settling your estate as outlined in the document. These duties will include distributing your assets, paying off any taxes or debts, and ensuring that any other provisions outlined in the will are followed precisely.

10. What is a beneficiary?

Your beneficiaries are individuals designated by you to receive a share of your estate or a specific gift. Your beneficiaries can be anyone from family, friends, or even charitable organizations, and can be designated to receive any percentage of your overall estate or any specific gifts such as jewelry, art, or heirlooms.

11. What is the wait time to get an appointment?

Our wait times are subject to availability, however a member of our team will be in contact with you within a day of reaching out, and we should be able to get you scheduled for your initial Intake call and begin drafting your wills within that same week!

We also can arrange for rush service if necessary.

12. What Makes a Will Legal In Canada?

While there are many ways to go about drafting your Will, there are nonetheless some basic criteria to ensure it is legally binding and valid:
a. You must be of the age of majority
The age of majority varies between provinces and territories across Canada, and in some cases allow minors to draft wills if they have a spouse of children.
b. You must have mental capacity to draft a will
You must have sufficient mental capacity to make decisions and understand your actions
c. Your will must be properly executed
Your will must be printed and signed in wet ink, in the presence of two witnesses who sign in your presence. In all provinces except British Columbia, where you are allowed to sign and store your wills digitally, this printed and signed copy will be the only legally valid copy of your will. In various provinces you may execute your will via video conference in counterparts. This means that the witnesses sign one copy and you sign the other. These two copies together form the final will.
If any of these criteria are not met for any reason, your Last Will and Testament will not be considered legally valid.
The legal professional who will draft your will shall guide you through this process and ensure your Will is drafted and executed according to the law in your province to ensure your documents are legally binding.
There are exceptions to these criteria, such as Holographic wills (a handwritten will, printed and signed by the testator) which typically don’t require two witnesses, or wills for those enlisted in the military.
(Please Note: Holographic Wills are current not valid in BC or PEI)
As a final note, an Affidavit of Execution (which is not required in British Columbia) is a document sworn by one of the witnesses to your will or codicil that verifies they and they and the other witness were both present during the execution of your will or codicil, which is attached and marked Exhibit “A” to the affidavit. The Affidavit must in turn be commissioned by a lawyer, paralegal, or notary public.

13. Who should have a will?

While we recommend that everyone has a will prepared in case something were to happen, we especially advise considering getting a will drafted if you:

d. Have a child or children (or pets)
e. Own property in Canada
f. Have specific gifts you would like to leave (jewelry, collections, art, etc.)
g. Have assets or investments in Canada
h. Want to leave a percentage of your estate to a charity or organization
i. Your division of your estate amongst your beneficiaries is relatively simple in nature
a. If you are concerned that your will is too complex, please don’t hesitate to reach out – our legal team would be more than happy to advise you on the best way to proceed!

14. In Which Provinces Can I Participate?

The law firms with which we work have lawyers who are licensed to service Ontario, Alberta, and British Columbia. We will be adding other provinces soon.

15. How can you help me execute my will and POAs?

Under Canadian Law, a legally binding and valid will or power of attorney must be physically printed and signed in ink in the presence of two witnesses. The law firms we work with can arrange to witness and execute your wills and POAs virtually without ever having to leave your home!

16. Why Do I Need A Legal Will?

It is important to draft a Will and assign an executor who will be tasked with settling your estate and distributing your assets as specified – should you pass away without having drafted a will, an administrator will be appointed by the court to settle your estate, and may not do so as you would have wished. For this reason, it’s important not only that you appoint someone you trust who will respect your wishes after you pass, but additionally to make these wishes clear and in writing and alleviate any unnecessary burden on your loved ones.
You should consider a will if you have recently been married or divorced, have children, pets, or other dependants, or if you have any valuable assets you would like to be specifically gifted.

17. What Happens If I Die Without A Legal Will?

Should you pass without a legal will, there will be no official instructions as to how you would like your estate to be settled and your assets distributed. In this event, your estate will be divided according to provincial law, and the courts will decide how to handle your estate, and it is unlikely that it will be in a way that would have matched your wishes.
While that might not seem like an immediate issue, there are several other consequences that could arise because of passing without a will, such as:
• Guardianship of children being appointed by a court
• Common-law spouses not being entitled to a share of your estate
• Months to Years of stress and legal proceedings for your loved ones
• Additional costs of probate without a will
Even if you are unconcerned with how your estate will be divided and distributed, having a will in place saves those who survive you from enduring even more pain and stress while attempting to settle your estate.

18. Once it is drafted, how can I update my will?

Over time, circumstances change, and certain aspects of your will might become out of date or inaccurate, and it’s important that your will reflects these changes and remains up to date. Any major life changes, such as marriage, divorce, the birth of a child, or the purchase of property, may necessitate updates to your will, and we’re happy to assist!
In order to do so, you can either change your will or have a Codicil drafted. This is a document which acts to amend certain parts of your will and is attached to your will. As we now live in the digital age and a will doesn’t have to be entirely rewritten by hand, many find it more convenient to simply draft and execute a brand new copy of their will that reflects their current situation, and this in turn will void any previous wills.

19. What do I do after my will is executed?

Once your will is complete, you can rest with peace of mind that your estate will be taken care of after you pass – however, there are a few more steps to ensure that everything goes smoothly.
Inform your chosen executor of their role
Acting as the executor of someone’s state is a very important role, and one that should be taken very seriously – for this reason, it’s crucial that the individual chosen to act as your executor is aware of their role and is adequately prepared to act as such, to avoid any confusion in the future.

Tell your executor where they can find your Will
Your will can’t be followed as a guideline if your executor doesn’t know where to find it – when storing your will, while you should ensure it is kept in a safe and secure location, it is equally as important to ensure that your executor not only knows this location but has access to it.

Keep it updated!
It is typically recommended that you review your will every few months to a year to ensure that nothing has become out of date or otherwise invalid, as an out of date will might not reflect your current situation at the time of passing! It is usually not necessary to update the will this frequently, however we strongly recommend regular revisions to determine if an update is necessary.