Making Out A SIMPLE Will . . . . . (NOT Fishing)

[Photoz]

A few years ago I decided it was time to make out a relatively simple will . . . . I don't have a lot, a couple insurance policies, a good vehicle and a lot of personal (and useful) stuff too. It took about a page & a half, then I trotted it out to a lawyer who was highly recommended, figuring all it needed was a signature and any GLARING legal errors pointed out, 15 minutes max? I ended up with 5 pages that said the same thing as I'd said in 1 1/2 pages that I barely understood . . . . and a bill for $500.00 + tax!!

 

Things have changed, I WAS going to just make some changes, but decided it needed to be re-written, IN PLAIN, SIMPLE language, so it could be understood by poor working-class peasants like myself. I've been told I can simply write this up, then go to a notary and have it made legal? Has anyone else out there just done a simple will, with only TWO beneficiaries, without the aid of a lawyer? Lawyer jokes aside, I don't think this guy actually overcharged me . . . . he was in the business of dealing with large estates, and treated my hard earned pennies like the hundreds of thousands in wills he deals with every day . . . . massive overkill. Perhaps it's not even worth a lawyer's time to handle the small stuff?

 

I think I've seen information on EVERY other subject on this board . . . but never wills? Anybody have some advice? First . . . exactly what is a notary, and where do ya find one? T'anks.

[ccmtcanada]

My father's will consisted of him writing his wishes on a single piece of paper, signed by him and witnessed by his brother. Everything went through just fine after he passed away. This was back in the early 90s...not sure if things have changed a lot since then.

[ketchenany]

PhotoZ, consider a power of attorney also to take care of your affairs incase you are laid up and can't take care of your finaces youself.

[Mike Pike]

Can I have your carp gear, Photoz?

 

Actually Steve, have you gone to a Paralegal? They're like cheap lawyers. Good for simple divorces and wills.

Edited July 31, 2007 by Mike Pike

[FishFinder]

i might be interested in your stradic

[davew3]

There is a program you can buy that will allow you to make your own will. There is an allotment of four wills per disk. I beleive you can pick it up at future shop and so on. You fill out all the details then take copies to your Notary Public at city hall to sign. In Ontario you now have to be carefull with your estate or the gov't can be a hassle. PS you do have to be detailed to save any issues.

[Carpe Diem]

Check out Grand and Toy, Photoz. I think they sell "kits" that will help you write your own will. It is my understanding that all the documents you need are included, along with instructions.

 

My room-mate works at Staples. He said they sell legal will kits there that are inexpensive. (Approximately $14.00)

They also come in a disc version you can print up on your own.

[scuro]

It bears a lot of weight if it is written, signed, and dated by you. If it is simple, keep it simple and go that route. For example, "everything to my wife except my overpriced carp gear which goes to the first non-british OFNer who wants it". If there are any complications go to the lawyer.

[bigbuck]

500 bux for a will sounds about right. As for your insurance policies, you can name beneficiaries on them and avoid probate (going thruough the will), just call the agent or company and ask them what they need. As for your worldly posessions, a PROPER will is what's required. A lot of the basic kits you can get can end up being a mess for your heirs if anyone decides to contest the will. You can change your will for a couple of hundred bucks by adding a codicil to it, you'll need to talk to the lawyer that handled your will. Also, you need a Continuing Power of Attorney in case you are unable to manage your own affairs (be careful, whoever you name as your Power of Attorney needs to be someone you trust implicitly). If you don't have one named, the government will act on your behalf, you don't want that to happen!

I'd call around a few paralegals and see how much it will be to have everything set up legally.

[snoil]

Skip the paralegal it's like going to pizza pizza for a hamburger.Dealt with a couple when i was getting a divorce years ago.Ended up going to a lawyer then too.Better to get it done right.My wife and i paid $400 each 2 years ago.You wouldn't cheap out on the carp gear would you??? Don't now either.

[misfish]

I hate WILLS,they bring the worst of people out of them.Been there and I just sit back and am thankful what/if anything, was left to us.

 

Steve,leave it all to be auctioned off and have the funds raised, sent to a charity.JMO.

[English]

We can buy a ready made kit from WHSmith small version of Staples cost is £9.99 GBP I dont know what the laws are like over there but if any of us die without leaving a will the government can end up getting it all

 

Because I am a bit worried about doing stuff like that and I have no desire to give the UK government any more of my money, also it is bound to get lost etc, the missus and I got a will expert to come round and draw one up for us, these are people who have been certified under UK law to do this sort of thing. I think they make a very good living but it does mean working strange hours. This service cost us £ 150.00 with all sorts of ifs and buts on our behalf like if I die first and so forth who gets what and we haven't got boat either The guy was round our house for 2 hours taking details and returned about 1 week later with the forms for us to sign, I think that is excellent service, now theres a business opportunity for you guys.

 

Regards Clive

[Photoz]

Sorry guys, the carp gear and all 4 Stradics are spoken for. But . . . . . I MIGHT consider auctioning 'em off to the highest bidder . . . . to be delivered AFTER my demise? There are several good ideas brought up . . . which I will check out. Perhaps a lawyer might not be a bad idea after all . . . . . you're right SNOIL . . . . I hardly blinked an eye buying some pretty expensive fishing gear, so I suppose I'd better check a few lawyers, (a few hundred doesn't look all THAT bad, by comparison?) then paralegals, then have a boo at some of the do it yourself stuff. And yes, the Power Of Attorney is NOT to be forgotten either. Why wasn't I nicer to Kirk . . . . ?

Edited August 1, 2007 by Photoz

[holdfast]

Yup Been there twice. First my Moms Death, as her eldest son I was named the executor to her will. She didnt have much but my outcast sister started causing trouble by first saying the will was not legal as it was not notarized. Mom bought the kit from your friendly TV commercial. Well to make a long story short. I HAD TO PAY FOR A LAWYER TO PROTECT HER WRITTEN WISHES, as SIS wanted to contest the will. As far as Dad, he never named an Executor, no problem the family agreed it should be me and were happy. But the problem was is with the bank and government. I just did not want to see the bank take Pops money for themselves. Again not much, but, the family could of used what little he had. Bottom Line...Notarize it, and name a trusty executor. Hope this helps

[Baius]

There is a program called Will Expert, offerred by Intuit Canada the people that make Quicken. Available wherever software is sold or online at Intuit site. Very user freindly, walks you through the whole process. Ideal solution for the situation you described.

[Jen]

Thinking about what will happen after one dies is hard to do... glad to see you have fore thought. This planning will make life so much easier on the people that love you.

 

Good Luck Steve, and thank you for the heads up, maybe your thread will remind everyone of just how important it is to plan....

 

Cheers,

 

Jen

[Kirk]

the kits...they say do it yourself on the cover and on the inside, after you buy it, you will see the disclaimer/warning to hire a lawyer

 

mistakes on will kits can cost thousands to repair

 

ask your lawyer that did the will if you need a codicil and if you do, what he charges, a simple codicil on a simple will = 100 - 200

 

PLUS get powers of attorney, one for property, on for personal care (for 500, you should have gotten them with your will)

[Photoz]

Ah h h h h . . . . . . I was wonderin' about the do-it-yourself kits . . . I suppose the ONLY safe way is to write it all over again, and take it directly to a lawyer, rather than pay for a kit, THEN pay again for a lawyer. And from what I can tell, a GOOD para-legal charges lawyer scale fees anyway? Perhaps the lawyer likes to fish, and could buy a nice carp rod for a few hundered bucks!

[crappieperchhunter]

Steve

 

Debbe and I just saw a financial adviser about a month ago. Part of his advise to us was to make sure our wills where current...of course. He mentioned that the Canadian Cancer society I believe has something going on with lawyers who have signed on to this program. They will do a will for $100 and the money goes as a donation to the cancer society. Our wills need to be made current....but we have not got around to checking into this yet.

 

If you are interested it maybe worth your while to contact a financial advisor at the bank you deal with or someone you may know who does this kind of stuff, just to see what it is all about. You are not going to beat the price.

[Clampet]

I hope you remember all the good times we had, you and I photoz.

You are very dear to me!

Hope you remember me in a favourable way!

[Rizzo]

get it done right is all i can say, this is not the time to cheap out. As a funeral director I see it far too often that families are in disarray because there is no clear cut person appointed to make decisions (executor/estate administrator). This is especially true if you plan on being cremated. One child thinks cremation is the way to go, the other child disagrees...let the fun begin. Its not difficult to get someone buried, but cremation is a different story, you really need an authorized person (executor or clear-cut next of kin ie spouse to authorize it). And whatever you do, don't put your funeral wishes in your will, because its often not read until well after your funeral!! My suggestion is get a power of attorney (health and finance), get an updated will, then go tell your funeral wishes to your local funeral director...he's the only one who won't charge you anything...yet ;)

[Dutch]

Ah h h h h . . . . . . I was wonderin' about the do-it-yourself kits . . . I suppose the ONLY safe way is to write it all over again, and take it directly to a lawyer, rather than pay for a kit, THEN pay again for a lawyer. And from what I can tell, a GOOD para-legal charges lawyer scale fees anyway? Perhaps the lawyer likes to fish, and could buy a nice carp rod for a few hundered bucks!

 

Lawyersw are paid (unfortunately very heaftly) to write wills. You wouldn't partake in a fishing charter offered by a lumberjack, so get it done right! Also you would go on a charter on Lake O with someone who has only done 2-3 charters on smaller lakes, so why go with a paralegal?