[Belizean Beach Bum]

Whether you do it yourself or use a lawyer, be sure to do your own research on your own particular circumstances.

My mother had a lawyer draw up a simple one page Will which was supposed to leave the estate equally divided between my brother and myself.

After mum died, another son who she had given up at birth and who I didn't know existed and who wasn't mentioned in the will, appeared and is claiming 1/3 of the estate.

Some lawyers chase ambulances but others chase hearses especially in BC with its (the courts know best) Wills Variation Act. Most ambulance riders would be able to represent themselves in court. The same cannot be said for those riding in the back of a hearse.

Do your research!

 

[Belizean Beach Bum]

Yes, there are a lot of good articles out there about how Wills may be varied by the courts.

www.duhaime.org/LegalResources/ElderLawWillsTrustsEstates/LawArticle-547/Wills-Variation-For-Dependants-in-Canada.aspx is also very interesting, especially the last line

...the only person sure to make $350 an hour on the estate is a member of the Law Society.

 

[Belizean Beach Bum]

One of the benefits of doing a will with a lawyer is that it theoretically transfers the risk of preparing the will negligently. If the lawyer screws up the will (which is surprisingly easy to do with certain types of estates, such as farmers who are land-rich and cash-poor), you can make a claim against the lawyer. All lawyers carry insurance for this sort of thing.

Is a lawyer still covered by insurance when he retires? The lawyer my mother used is retired and has no interest in looking for his old files. Our estate lawyer appears to have no interest in chasing him down for the information.