A question about Wills

[WandaJean]

my friend is sending me forms so I can get my Will done, my question is does it have to be notarized by a lawyer to be legal, also can you have and executor( I think thats what it is called) and a co-executor??
Thanks,
WJ

[nothingfancy]

I just want to put this out there.....you really should see a lawyer to have a will done. They are much more complicated than noting I want Bob to get my TV, and I leave everything else to the cat. There is so much that can be misinterpreted, it's best to leave the legalese to a professional.....shop around. You may be lucky enough to find a lawyer that will at least review your will and suggest changes.

But to answer your questions, to the best of my knowledge, no a will does not have to be notarized in order to be legal. It does have to be properly signed. Follow the instructions to the letter. In the province of Ontario (I'm not sure about other provinces) you can have more than one executor. Again, you have to be careful of the wording, what if they don't see eye to eye? What if one of them decides they can't do it?

[WandaJean]

thank you nothingfancy

[brunt]

I am not a lawyer, but I'll give this a go.

There are two large advantages to having a will done with a lawyer:

1) In complex cases (divorce, remarriage, out of wedlock children, dependent adult children), a lawyer is a very good move. Chances are that you won't be able to think of everything.

2) A lawyer will register your will, so that when/where ever you happen to pass on, any lawyer can simply get your registered will. If you make one yourself, are people going to know where to find it?

So basically, a will made by yourself is better than nothing, but having a lawyer make one is better.

Most people don't realize that if you pass without a will, the government will specify (using a very reasonable set of rules) how your estate is to be distributed. So, unless you have any specific desires, dying without a will isn't the end of the world. Well, it is for the person, but not their heirs.

[Zonny]

I agree, see a lawyer., they'll give you really necessary guidance. I don't think it's that expensive - we have one, but it was done by a relative awhile back, not sure of whether he charged us the regular amount or if it's gone up.

This is particularly important if you have children. You need to appoint a guardian (with their permission) to look after your kids if something were to happen to you. Yes, we all think we're all going to be fine to raise our children, and chances are we are, but life is unpredictable.

[itchy54]

we spent the money and had a lawyer draw it up....for us it was certainly worth the peace of mind.
my dad has done his own.....but i recall him having it notorized....i do remember going to the office with him...

[kanewtz]

In addition to a will...make sure you fill out the necessary forms for Power of Attorney for both health and finances.

[DianneS]

I don't know about other provinces, but in BC it is common for notary pubics to prepare wills. While I would not recommend this in many cases, for a very simple will it is an inexpensive option that is more cost-effective and much better than doing one on your own.

[WandaJean]

my will will be basic as I have realy nothing to leave, just material things that i want my son to have and if he sells them I want them put into a trust fund for Dev, I am preapring to do this because of my choice not to have the operation and what may happen because of it.Which there are many symptoms, people here in the Medical profession should know what I am talking about.

[WandaJean]

I am not a lawyer, but I'll give this a go.

There are two large advantages to having a will done with a lawyer:

1) In complex cases (divorce, remarriage, out of wedlock children, dependent adult children), a lawyer is a very good move. Chances are that you won't be able to think of everything.

2) A lawyer will register your will, so that when/where ever you happen to pass on, any lawyer can simply get your registered will. If you make one yourself, are people going to know where to find it?

So basically, a will made by yourself is better than nothing, but having a lawyer make one is better.

Most people don't realize that if you pass without a will, the government will specify (using a very reasonable set of rules) how your estate is to be distributed. So, unless you have any specific desires, dying without a will isn't the end of the world. Well, it is for the person, but not their heirs.

I agree, see a lawyer., they'll give you really necessary guidance. I don't think it's that expensive - we have one, but it was done by a relative awhile back, not sure of whether he charged us the regular amount or if it's gone up.

This is particularly important if you have children. You need to appoint a guardian (with their permission) to look after your kids if something were to happen to you. Yes, we all think we're all going to be fine to raise our children, and chances are we are, but life is unpredictable.

we spent the money and had a lawyer draw it up....for us it was certainly worth the peace of mind.
my dad has done his own.....but i recall him having it notorized....i do remember going to the office with him...

In addition to a will...make sure you fill out the necessary forms for Power of Attorney for both health and finances.

I don't know about other provinces, but in BC it is common for notary pubics to prepare wills. While I would not recommend this in many cases, for a very simple will it is an inexpensive option that is more cost-effective and much better than doing one on your own.

Thank you very much to all of you one last question is a will where you pit DNR? thanks very much

[nothingfancy]

That's normally put in a Power of Attorney for Personal Care (also known as a Living Will). It gives another person authority to carry out your end-of-life decisions should you be in a state to not be able to make them yourself (ie: no ventilator, no resuscitation, etc.)

You can get more info from the Ontario Ministry of the Attorney General, in the search field type: power of attorney kit. There is paperwork you can download and complete yourself. Please read everything carefully.

Your Will would contain your wishes for dealing with your remains and burial.

This must be a very difficult time for you and your family. Please feel free to pm me, I'm not a professional by any means, but I'll do what I can to help.

[WandaJean]

thanks nothingfancy

[brunt]

Thank you very much to all of you one last question is a will where you pit DNR? thanks very much

My understanding is no, the will only takes affect after death.

Try starting here:

http://www.ofm.gov.on.ca/en/Fire%20S...orms/DNRCF.asp

[WandaJean]

thank you brunt

[tjthemanto]

My understanding is no, the will only takes affect after death.

Try starting here:

http://www.ofm.gov.on.ca/en/Fire%20S...orms/DNRCF.asp

Yes the will will only go into effect after your death .

Before your death , Power of Attorney ( if you have one ) will be in effect ..

But the POA goes out of the window the moment you die , & the will goes into effect

There are 3 types of POA in Ontario ( probably the same in rest of Canada too ) .

1. CONTINUING POWER OF ATTORNEY FOR PROPERTY (CPOA)

2. NON - CONTINUING POWER OF ATTORNEY FOR PROPERTY

3. POWER OF ATTORNEY FOR PERSONAL CARE (POAPC)


What are the there different kinds of Power of Attorney?

• A Continuing Power of Attorney for Property (CPOA) covers your financial
affairs and allows the person you name to act for you even if you become
mentally incapable.

• A non-continuing Power of Attorney for Property covers your financial affairs
but can’t be used if you become mentally incapable. You might give this
Power of Attorney, for example, if you need someone to look after your
financial transactions while you’re away from home for an extended period of
time.

• A Power of Attorney for Personal Care (POAPC) covers your personal
decisions, such as housing and health care.

The POA is extremely easy to do , you don't need a lawyer for that ..there are ready made POA forms & kits available directly from the ON government which you fill up.