You may have seen recently the advertisements on television encouraging people to buy a "will kit" to complete their wills. They are marketed as a cheap alternative to having a lawyer or notary prepare your will, the idea being that you will not only have a will (which you should have), but you will also save money. It probably sounds self-serving for a lawyer to tell you to avoid "will kits", but in this article we will attempt to tell you why we believe using a "will kit" is a false economy. While you may save a little bit of money, there is a very good chance you will be creating expensive problems for your heirs.

"Wills kits" are marketed as a "one size fits all" solution to creating a will. The kit typically includes a preprinted form and instructions on how to fill it out. Unfortunately, life is not as simple a pre-printed form, a will needs to be tailored to meet each individuals particular circumstances. The "will kits" you see on television are marketed in one format to all parts of Canada, even though wills come under provincial jurisdiction and each province has a different set of laws and rules with respect to wills and the administration of estates. By having a lawyer prepare your will, you are ensuring that your will meets your individual needs and is valid and effective in British Columbia.

If you are thinking about using a "will kit", you are taking a big chance that your wishes and intentions regarding your estate will not come to pass. To be effective, a will must use precise language that leaves no doubt about your intentions. Wording that is vague or conflicts with other wording in the will may give a result completely different than what you intended. This can lead to costly court applications to try to decipher what you really meant, and of course some beneficiaries may be disappointed at the result.

When you are making out your will you have to think about that other inevitability in life - taxes. A will that is professionally prepared will take into account the tax consequences of your death. A will that does not deal with your tax situation on death may make Revenue Canada one of your biggest beneficiaries! A will prepared from a will kit will not have the benefit of tax advice; when you are making out a will it is very important that you understand the tax that may be payable as a result of your death, and what legal steps may be available to limit the amount of the tax bill.

The way in which a will is structured is important. The wording in a will must not only be precise, but the various paragraphs dealing with the management and distribution of your estate must follow a particular order to be effective. While the forms and instructions in a "wills kit" make some attempt to deal with this ordering of the paragraphs, because you are completing it yourself, it is easy, through wording errors, to get the paragraph ordering wrong with unintended results.

Your will is one of the most important documents you will ever sign. It has to be right, because you're not going to be available to make corrections! Approach the preparation of your will with the same caution that you would use in making a major purchase. Who is providing the product; what are their qualifications and are they prepared to stand behind what they are selling? The marketers of "wills kits" provide their product with lengthy disclaimers freeing themselves from any responsibility if the "wills kit" doesn't work and your estate suffers a loss. A will prepared by a lawyer has the lawyer (and the lawyers insurance company) standing behind it. Finally, you should ask yourself: "Am I buying a quality product?" The "wills kit" may be the cheapest product on the shelf, but like any other purchase, you get what you pay for.

That takes us to the issue of cost. The "wills kits" currently marketed range in price from $69 to $99 depending on the source. You can also buy "do-it-yourself kits" at stationery stores for less. All of them have the same problems and dangers referred to above. What does it cost to have a lawyer prepare your will? That price will vary depending on the complexity of your particular situation. Most straight forward "husband and wife" wills cost a total of $295 plus taxes at McConnan Bion O'Connor & Peterson.
That is the price for:

(a) two wills, ( husband and wife) ;
(b) an initial, no charge discussion with one of our lawyers regarding your estate requirements, and a confirmation of the cost;
(c) preparation of a draft document for your review and comment; and
(d) second attendance to execute the will in final form.

While that cost is more than what you would pay for a "will kit", you have the comfort of knowing that your will has been done properly and when it is acted upon, your wishes will be carried out.
While we would be very happy to have you use McConnan Bion O'Connor & Peterson for the preparation of your will, the real point of this article is to encourage you not to use a "will kit", but to find a lawyer that you are comfortable with and have them prepare this most important document. By using a lawyer you will have the assurance that your estate will be handled in the way you want it to be handled and that your beneficiaries will receive what you intended. The cost differential is relatively small, and the peace of mind is well worth it.

Bottom line, avoid "wills kits"!