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Q. Do i need a lawyer to do up a will or can i do up my own? If i do my own, is it legal?
A. Goldie, you are not required to use a lawyer to draft a Will. You can draft one on your own which is called a holograph Will.
A holograph Will is a Will that is completely handwritten by the testator (you in this case). That’s very important. You must handwrite the entire document, as a typed Will with testator’s signature is not accepted as a legal holograph Will. You should also date your handwritten holograph Will.
Of those provinces that accept a holograph Will, some require the testator’s signature, others do not. For residents of Saskatchewan and Alberta, the holograph Will is subject to no other formal requirements, including signatures or attestations of witnesses, to be legal.
As you can see, creating a holograph Will on your own would be considered a legal Will, but doing so does open you up to possible errors or omissions that may cause your estate to not distribute in the manner you desire. It may be beneficial for you to arrange a free estate planning consultation with Synergy to ensure you have considered all aspects of your legacy, answer any questions you may have and just simply give you peace of mind. With an estate plan you know the steps you need to take to ensure your intentions will be carried out.
Our recommendation is that you use the services of an experienced solicitor to draft your actual legal Will and by completing an estate plan ahead of time you could also reduce the time you spend with your lawyer.
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