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Q: I’m considering getting an online will. What are the pros and cons of having my will done up this way?
—Sam
A: Sam, you asked me to identify pros and cons of making wills online. I understand online services allow you to make your own will. No lawyer is involved in providing advice. I will describe the dangers.
I must disclose that I have a conflict. I am an Ontario Certified Specialist in Estates and Trusts Law. This means that I have a bias. Online wills are no substitute for lawyer prepared wills. There are only dangers, not advantages, as I will describe.
Do online wills have benefits?
There are no positives for online will services. At least none that I can recommend. Most online forms include disclaimers. They are not responsible for what you do with their forms. Like all do-it-yourself wills, you may be only fooling yourself. You may think you have protected your family. (If you’d like to read another perspective on online wills, click here.)
How would you know if your online will has mistakes? What does your family do if there are errors or problems?
Most online forms do not consider your unique needs. Even if you paid for legal advice, it would not help to prepare online wills.
Use lawyers to prepare your will if…
I can never recommend online will services. However, these providers should tell you not to use their service if:
- You’re going to be married.
- You have a history of cognitive impairment.
- You are separated from your partner.
- You have a common-law spouse.
- You’ve been recently in hospital.
- Your estate may have a recreational home, rental property or business.
- You need dual wills to save probate tax.
- You own or will inherit assets outside of Canada.
- You need help choosing executors.
- You have minor children or dependents with special needs.
- Common-law estate planning
- The role of power of attorney
- Property rights in a common-law marriage
- We have few assets. Can we skip having a will?
- The one thing your will doesn’t always decide
- Who gets what in a blended family with no will?
- What to do if you don’t trust the executor of a will
- The difference between wills and trusts
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Your article states there are NO benefits to online wills – how about it’s easier and cheaper and its the way of the future.
I was looking for some real dangers to be outlined. Couldn’t find any. What a stupid faffing article, perhaps sponsored by some lawyers.
What misleading bull crap Online wills mirror lawyer drawn up wills with three obvious differences; they are considerably less expensive, they are much more convenient, and you can change them for free if your life situation changes. Lawyers are and always have been an overpriced signature. The office clerk does all the work and the lawyer just signs it and spends 15 minutes reading it too the client.