The Hidden Dangers of Using Online Will Drafting Software

I received a question that quite frankly I get all the time, so I wanted to address it. Here’s the question (which is a GREAT one by the way) and my response below.

Question: “I want to know why the Will software that is available online is not adequate in lieu of an attorney-created document. How would you respond to this? Thanks”

Answer: There is a private joke in the legal field that attorneys, especially estate litigation attorneys, just LOVE online Will drafting software available because it’s great for business.

Why?

Because online documents are so easy to mess up that people wind up paying double and even triple the price to hire a lawyer to clean up the mess after their documents FAIL when their family needs them the most.

It may sound extreme, but the truth of the matter is that creating your own legal documents often provides a false sense of security, and a key breach is only discovered when it's too late to do anything about it.

I’ve heard it explained this way: say you built your own house during the summer when the weather was really nice and you thought you knew what you were doing, but you unknowingly overlooked a key element like putting waterproof felt between the sheeting and the shingles (who would know that, I thought you'd just put the shingles right on the wood!).

You might not find out right away that you had overlooked this important item, but a couple of years later the sheeting would start to rot away, and by the third winter, you'd have rain and snow in your house. By the time you figured out what you had done wrong, it'd be too late to do anything about it.

It's the same with do-it-yourself estate planning, really.

A do-it-yourself Will will very rarely meet the unique needs of your family. What you really need is guidance as to how you can best protect your family-- which is something you will never receive when using online drafting software.

Not to mention, it only takes a teeny tiny mistake or oversight to make your Will absolutely worthless in the eyes of the law. Something like not titling the ownership of your house properly. Or, not signing the bylaws for your corporation. Or not issuing the share certificates. Or, not signing your Will properly. Something that seems dumb, but is super easy to miss— even for lawyers.

For that reason, I strongly encourage families to do their homework before settling on an online Will provider (especially if your only reason for doing so is the price). In fact, I would encourage you to steer clear of online Will software altogether if you fall into one of the following four categories:

• You own more than just personal belongings, such as cars, clothing, jewelry, furnishings, etc.

• You want to ensure the people you love will have a trusted advisor to turn to for guidance when you are gone.

• Your goal is to avoid probate, excessive taxes, or protect your children’s inheritance.

• You want the peace of mind knowing your plan will work when your family needs it!

So I hope that answers any questions about why an online Will is not adequate in lieu of an attorney-drafted document.

I am the first person to tell people when they can save money by printing out a legal document online (for example, for some clients a Power of Attorney kit from the Ministry of the Attorney General is sufficient).  But a Will is NOT one of those documents. This planning tool is extremely complex, and people that truly need a Will to protect their assets have far too much at stake to not spend the extra money and do it right the first time.

If you have further questions or now have concerns that your DIY documents could fail when your family needs them the most, please feel free to email me at laroux@peopleslaw.ca and schedule a complimentary consultation.