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Questions & Answers

Listed below are the most frequently asked questions regarding The Canadian Personal Will Kit™.

If you still have questions after reading this information, or if you already own a kit and need assistance, please go to our Customer Support Portal.

Can this be done online instead of sending me a package in the mail?
Yes! Simply visit our sister website, Canadian Legal Wills, at www.LegalWills.ca.

What is a Will?
A Will (or Last Will and Testament) is a legal document, prepared during your lifetime, that describes how your money, property and other assets are to be distributed when you die. The Will can also include provisions for setting up trusts for children and the custody or guardianship of those children (who you wish to take care of them). A Will does not have to follow any special structure to be a legal document and no special legal words are required. As long as you clearly state your instructions and sign the document appropriately, then it will serve as a legal Will. Standard clauses are often used as they are known to work and not be open to misinterpretation.

Do I need a Will?
Yes. There is never a situation where a Will is unnecessary. You should draft a Will while you are still young and healthy, even if you don't feel that your assets are substantial. There is absolutely no benefit in waiting until you are older. If you die without a Will, the courts will decide how your estate is distributed, and this may not be in the best interests of your loved ones, and it may take a very long time to sort out. It is impossible for us to know how your estate will be distributed if you do not have a Will, but we do know that if you have a Will, then the decisions are in your hands. To die without a Will is irresponsible and places a tremendous burden on your survivors. Do not put it off any longer.

What happens if I don’t make a Will?
The people you leave behind will have two problems: nobody will have been appointed as the Executor of your estate, and you will not have expressed your wishes for how your estate should be distributed. The courts will appoint an administrator of the estate, and the courts will determine who will receive what parts of your estate. The whole process could take a very long time and there is a good chance that the court's directions will not match your wishes.

How much does the kit cost?
The price of The Canadian Personal Will Kit™ is $34.95 CAD + shipping and handling of $3.95, plus applicable sales tax. This should be compared with the cost of preparing your Will with a lawyer which typically runs over $400. Look up the exact total cost for your Province.

Is this a legal document?
This kit can be used to create a legal document as long as it is signed according to the instructions provided with the kit. There is no legal terminology required to create a legal document and it is not a requirement to employ the services of a lawyer. But it must be signed appropriately in front of witnesses.

Do I need a Lawyer?
There is no legal requirement to have a lawyer prepare your Will. In many cases there is no practical need for a lawyer to be involved in the preparation of your Will, particularly if your family situation and plans for estate distribution are straightforward. However, if you belong to any of the groups listed in the next question, you should seriously consider consulting with a legal professional.

Is this kit suitable for my situation?
Although The Canadian Personal Will Kit™ 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 download 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.

How long will it take to create my Will?
You will have to read the accompanying guide in full. This should take about 30 minutes. It will then take another hour or so to complete the Will and accompanying forms that list things like your assets. Your Will does not have to be completed in one sitting, you can work on the document over a few days. It is not something that should be rushed, so you should allow for a few hours of your time to complete your Will thoroughly and accurately.

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.

What methods of payment do your support?
We accept payment by cheque or money order made out to "PartingWishes Inc." and mailed to:

The Canadian Personal Will Kit
1500 Bank Street, Suite 506
Ottawa, Ontario
K1H 1B8

You can also pay over the Internet using a credit card or PayPal, or even by telephone.

View more information about our pricing and payment options

How can I get more information?
Simply send us an email at [email protected].
Or call us toll-free at 1-888-660-WILL (888-660-9455).