Making a will is a crucial decision that affects the distribution of your assets and the protection of your loved ones after your death. In Canada, there are common doubts as to whether a person can draft his or her own will without the risk of making mistakes that are difficult to reverse.
There are also concerns about the fundamental requirements and formalities specific to each province. There is another segment of the population that prefers to simplify the process by hiring a lawyer, etc. At the end of the day, the common point among all is that your will complies with your wishes and is valid.
In this new blog post, I will be explaining why you should hire a lawyer to draft your will for your benefits. Let's get started!
One of the main benefits of hiring a lawyer to make a will is the specialized legal knowledge he or she will bring to your document so that it properly preserves, according to your wishes, the fate of your estate.
Canadian lawyers are familiar with the laws of succession in their respective provinces.
Important: each province in Canada has its own legislation and knowing it is essential to draft a will that meets all legal requirements and is valid. Immiland Law has a team specialized in state law proceedings. See services.
Each person has unique life and family circumstances that end up conditioning specific wishes about how he or she expects his or her assets to be administered after his or her death. It is possible that over time your wishes may change and you may want to add or modify some valuable information, so it is important to know how to insert your new will in the will.
A lawyer can offer individualized advice based on your particular living scenario and family environment to ensure that your will accurately reflects your wishes. Something very important in these processes is that you consider all possible eventualities. Here is a common case in Canada as an example.
Practical example: a person lives in Canada but has complex assets, such as foreign properties or businesses, despite the geographical distance wants to incorporate them in his will, however, he doubts about the correct wording so that such assets are protected in his document. In this case, a lawyer can help you by customizing the structure of your will in a way that maximizes asset protection and minimizes taxes.
In Canada, you can draft a will without the help of a lawyer, but this often leads to mistakes and ambiguities that could cause disputes among your heirs or, even worse, invalidate the document. Poor drafting, omitting periods or commas, naming a specific heir without using punctuation marks correctly, among others, can change the true meaning of your will.
An experienced attorney can ensure that each written provision is clear and specific, using appropriate wording that minimizes the risk of misinterpretation.
Here is one of the biggest benefits in Canada; this vast country has 10 provinces and 3 territories and the legal requirements for drafting and signing a will vary from province to province. It is not enough for a person to draft their own will, get two witnesses, sign it and that's it, this process goes beyond that! and a lawyer is empowered to comply with the legal requirements of their respective province, so they can ensure that even the identification details of their witnesses are complete, are the most appropriate and the signature handles the formality of a will in Canada, among other aspects.
Everyone in the family wants to live in peace with respect to the management of material assets, but unfortunately this is not always the case. Sometimes, for example, a person shares his or her home with other individuals, related or not, and wants to leave it as an estate for all of them equally, but does not know the best way to draft the will in order to ensure a fair distribution of the estate without generating disagreements. In these cases, hiring a lawyer to draft your will is the most advisable thing to do, since he or she will be able to provide you with peace of mind and security knowing that the document is correctly drafted and effectively protects your interests and those of your loved ones.
Important: Have you made significant changes in your life, such as getting married, divorced or having a child, remember to add them to your will. Immiland can provide guidance on how to update your will. Click here.
We are a full-service, specialized firm for new immigrants to Canada and we are here to accompany you at every stage of your family planning process.
In summary, while it is not mandatory to hire a lawyer to draft a will, doing so can provide significant benefits in terms of legal certainty, personalization and compliance with formal requirements. At Immiland Canada, we are here to help you understand your options and guide your estate planning process effectively.
Are you considering making a will or have additional questions? Feel free to write to us at info@immilandcanada.com.
Thank you for reading to the end. I hope you have found this blog useful and are clearer about the benefits and importance of considering hiring a lawyer to make your will. If you need to expand on more information or have other topics in mind to join our blog, we will take it under serious consideration. The Immiland team is here to help you.
With love,
Immiland Canada
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