Questions and Answers
Listed below are answers to some common questions our customers have asked when using The Canadian Personal Will Kitâ„¢.

If you still have questions after reading this web page, then feel free to send us an email at support@personalwillkit.ca

We will be happy to answer any questions you may have.
 

Is this kit suitable for my situation?

Although The Canadian Personal Will Kitâ„¢ is applicable for most cases, there are circumstances where it is advisable to seek legal advice. In particular:
  • If you are a resident of Quebec. If you are in Quebec, you can consider downloading a Quebec Will Kit from QuebecWillKit.ca.
  • If you are involved in a matrimonial dispute, or wish to disinherit your spouse or children.
  • If you have a history of mental illness, or the question of your mental capacity may be raised in objection to the statements in the Will.
  • If you own personal property or real estate in multiple countries.
  • If you are under the age of adulthood.
  • If you have complicated business investments (e.g. you are part owner of property or businesses where ownership may be challenged).
  • If you are about to be married and are preparing a Will in contemplation of that marriage.
  • If you have a large, complex estate and feel that you would benefit from some advice on estate planning and tax reduction.
  • If you own a farm in Canada, as there may be significant estate planning implications.
  • If you need to provide for long term medical care for a dependent.
  • If you have any litigation pending which involve large sums of money or where a prison term is possible.
  • If you think that somebody may challenge your Will in court or you have any other doubts about your situation.
In the above situations and in other more complex situations (the above is not an exhaustive list), it would be advisable to consult with an attorney.

Can I make a joint Will?

A joint Will is a single document, signed by "co-testators" (usually spouses), intended to reflect the wishes of both parties. This is generally considered to be an extremely bad idea, and probably worse than having no Will at all. Often, the intent of a joint Will is to declare that each person would leave everything to the surviving partner, and in the event that both partners are victims of a common disaster, everything would go to their children. The problem is that it is unclear whether a surviving partner can revoke a joint Will and many messy legal cases have arisen as a result of this confusion.
 
In short, do not make a joint Will, as there could be problems if either party changes their mind, or wishes to amend the Will. There may also be problems if the surviving spouse tries to make any changes to a joint Will, as they may be bound to the original terms. Furthermore, there is no reason to create a joint Will, as there is no disadvantage to drawing up a separate Will for each partner.

I have a question that is not answered here. How do I get help?

Simply send us an email at support@personalwillkit.ca .
Or call us toll-free at 1-888-660-WILL (888-660-9455).