Online wills are legitimate and legally binding. An online will, created without the presence of a lawyer, is legally enforceable as long as it meets certain criteria.
Having an online will is better than not having one at all. Every parent should have a will, and every child of aging parents should have one made for them and other loved ones.
The easiest way to get a will is to create one online. It is affordable, convenient, fast, and simple to make—but not all online wills are the same.
Beware of Flawed Online Wills
If you have a complex estate—particularly one subject to taxes—or you have several heirs and each of them will be getting a different share or a different value, online wills are probably not for you.
If you suspect that there will be people who will contest the validity of your will—either because they think you aren’t competent to make one yourself or they won’t be happy with the contents of your will—then online wills are not for you, either.
If the above applies to you, you should consult with an estate planning lawyer who will be able to make an in-depth analysis of your estate and detail all legal requirements for executing your will.
Filling out forms for an online will when your circumstances call for a professional drafting your will for you may turn out to be more expensive. Problems arising from the will can be costly and problematic for your surviving loved ones—this is probably the singular, most important reason why you should stay away from online wills. Online wills—while a great resource for many—are not for everyone.
However, if you have fairly straightforward assets, then you can consider getting an online will without worrying about expensive litigation because of possible disputes or lengthy probate administration because there is something wrong with the will.
That said, when searching for online wills, take note that some are better than others—the best online wills will indeed save you money and not cause your loved ones more, in the event they turn out to be inadequate.
Beware of online wills and template websites that have a ‘one-size-fits-all’ approach because estate laws and inheritance laws, for example, differ in every province and territory in Canada.
Additionally, laws may change every year and if your form is outdated, your will won’t likely hold in court.
Likewise, your circumstances will also be different from others. So, an online will service that take that into account by offering a lawyer review is definitely one you should look into.
But when should you create online wills for your family and loved ones?
When Should You Make Wills?
A Last Will and Testament is a legal document that decrees how your property and assets will be distributed after your death.
It differs with a Living Will, which declares your wishes regarding medical treatment in the event that you no longer can express your desires on your own because you are in a vegetative state, a coma, or another condition in which you will be incapable of giving direct orders.
Ideally, you should have a will made before you’re incapacitated or dead. But since nobody plans on dying before they are ready, a lot of people die intestate, or without a Last Will and Testament.
In Canada, most people believe they don’t need a will until they reach their 60s or 70s, or until they retire from their work and profession. In fact, over half of Canadian adults don’t have a will because they believe themselves too young to have one.
From a legal perspective, however, anyone over the age of 18 should already have a will since their parents will no longer have automatic control of their affairs once they become adults.
If you have aging parents who don’t have wills yet, psychologists recommend broaching the subject of will and talking about aging and death when and while everyone is healthy. It is a sensitive subject for sure, but one that you should have no matter.
You should help them prepare their wills. If they are not comfortable consulting with a lawyer, assist them in making online wills.
But wills, online or not, is not just about property and assets and who should have what when you die. If you’re a parent, it is especially important that you make a will as soon as you can.
Parents Should Not Delay Creating Wills
You’ve probably heard or read news about couples dying prematurely, leaving their young children behind. It is not something of a rarity anymore. In fact, because of the COVID-19 pandemic, you’ve probably heard of these cases more than you care to remember.
Thinking, ‘It won’t happen to us,’ during this time is just plain irresponsible, now more than ever.
You may feel secure in your children’s wellbeing if you pass prematurely if you have able parents or others who you can trust your children’s future with, or if you have been survived by your spouse. But what if you’re a single parent and your children are orphaned? What if you don’t have living parents, or ones who you would trust with your children?
Creating wills isn’t just about your assets going to the right people—taking care of your affairs ensures your choice of legal guardian for your kids is heard, acknowledged, and enforced by the court of law when you die.
Imagine your kids being raised by people you don’t like and raised in a way you don’t like. For most parents with young children, this is the most important reason for creating online wills sooner rather than later.
Creating a will means you can name an executor for your estate and a guardian for your kids. The executor will be responsible for distributing your assets and making sure your wishes in your will are followed, and the guardian will be responsible for raising your kids.
You should also know that in Canada, minors cannot legally inherit money or property. So, if you die intestate, even if you are survived by your spouse, your spouse may still need to petition the court for funds to use as child support. Their inheritance will be held in trust for them until they reach the age of majority.
When you prepare a will, on the other hand, you can set up a trust for your minor children and determine when they can receive their inheritance.
In other words, if you are a parent, it is wise and responsible to create a will regardless of whether or not you expect to die before your spouse or you are a single parent.
You can protect your family and make sure your children are provided for, as well as cared for by the people you choose if you leave behind a Last Will and Testament. And if you choose your executor and guardian carefully, you can, at least, leave this world peacefully, content in the knowledge that your kids will be fine after you’re gone.
So, go and create your Last Will now, if you don’t have one yet. With online wills available, there is no excuse for not having a will, particularly if you have a fairly simple estate and even with the restrictions and lockdowns of a pandemic.
It only takes a few minutes to make an online will, and once it’s done you will benefit from the peace and security of knowing your affairs are taken care of.
How Do Online Wills Work?
To create an online will, you need to visit the website of the company offering online maker programs, and then create an account or sign up with them. Some companies offer online will kits that you can download after purchase, while some websites offer free tools with no sign up necessary.
You can customize your estate plan depending on the company and its offer, but you basically just need to fill out the form and provide relevant information such as your assets, your chosen executor, guardian, beneficiaries, trustee, and others.
You can also create documents like a Living Will, Living Trust, Power of Attorney, and even personal letter to your surviving loved ones.
Take note that when you create online wills, you should update them on a regular basis or when major life changes happen, such as when you marry or remarry, when you divorce, when there’s a newest addition to the family, and when you have significant changes in your property and assets.
Choose Online Wills
You need a will if you have assets, if you are married, and if you have children. Online wills can help you tick that off your must-do list without stepping out of your house and without expensive lawyer fees.
If you don’t have a complex estate, you should fill out online wills for yourself and your aging parents and loved ones now. Don’t wait till you’re 60, especially if you have children you need to protect after you’re gone.
Choose online wills that allow for customization, and if possible, a lawyer review. Choose online wills that are easy to update and remember to do just that any time you have major life changes.
Leaving a will is the best thing you can do to protect your children and loved ones. You can’t plan when or how to die, but at least you can secure your family’s inheritance.
