Friday, January 21, 2005
where there is a will...
***WARNING*** I AM NOT A LAWYER YET - THIS POST IS NOT LEGAL ADVICE - IF YOU WANT LEGAL ADVICE ABOUT MAKING A WILL, PLEASE TALK TO A LAWYER WHERE YOU LIVE! (mandatory warning for law students to cover liability issues - see I am acting lawyer-like already!)
As some of you know, I have graduated from law school and am working towards finishing the requirements to become a lawyer by the summer this year. I am always talking about refugee law, as I love working on those cases. But today I thought I would talk about working on wills.
One of the funny things is that I don't actually have a will myself yet. Mostly because I don't have any money or assets of any kind to worry about passing on. Also, if anything happened to me, my two younger kids would just go live with their dad. End of story.
Some of the things I have learned about making wills are from a friend of mine who has been a lawyer for quite a long time. (who recently mentioned that she has read this blog!) We talked last summer about the importance of homeless people or very poor people (ie. people with AIDS) being able to make a simple will. Sure they don't have money to pass along, but they still deserve peace of mind about who will make decisions for them if they are unconscious in a hospital, or they have belongings or maybe even pets to worry about dealing with after their passing. That was the first time I really got interested in wills. Plus, the fact that my mom is older, and living on a disability pension -- she wanted a will to make sure that her wishes were known and to figure out "who got what" of her various collections of stuff.
Anyhow, what have I learned so far about making wills? (in Canada, specifically Ontario)
1- anyone can make their own simple will by handwriting their wishes, dating it and signing it (this is called a holograph will and is legal - but the problem with these wills is that if the correct language isn't used AND someone in the family wants to fight the will, it is easier to break it)
2- there are "will kits" in books or online that assist people in making wills and power of attorneys (the good thing is that they have some of the legal wording to help it become a better document, but still, sometimes people write in stuff that is not permissible under law, so again, the will can be contested)
3- in Ontario, the Law Society of Upper Canada has a template of the ideal will that lawyers have access to - so it's really easy for lawyers to make up simple wills what with computers and all (lawyers seem to charge anywhere from $100 - $200 for a simple will - some will charge a package price for couples, and some include the power of attorneys in the price)
These are the types I have been working on at one of my articling jobs. I am learning about Power of Attorneys (for personal care and for property) which are used when something happens to you and you can't make decisions (ie. unconscious in hospital bed). You use these documents to identify who you want making the decisions for you and your property.
There are several other concerns for average (not rich) people who want to make wills. A very common concern is for couples who have young children. It is so hard for people to make a decision about who should be the guardians for the kids should anything happen to both of the parents. I have a friend whose 4 kids are pretty much grown up now, but when they were young (4 kids under 3 years old!) they didn't know what to do about this. After much thought, they asked 3 different family members to be the guardians - One for the eldest girl, one for the second boy, and the third for the twin boys. The guardians would get to decide what was the best option for that particular child. Maybe they would live together, maybe they wouldn't. This way, the burden wasn't put onto one person. In the end, of course, it wasn't needed, as they all are doing just fine now.
I think the main thing is to make your wishes known. Not just in your will (in writing) but to tell your family members and friends what you would want. So hopefully that will eliminate any argument or actual fights about things. So many families end up in conflict after the death of a loved one because they weren't told what the plan was.
As some of you know, I have graduated from law school and am working towards finishing the requirements to become a lawyer by the summer this year. I am always talking about refugee law, as I love working on those cases. But today I thought I would talk about working on wills.
One of the funny things is that I don't actually have a will myself yet. Mostly because I don't have any money or assets of any kind to worry about passing on. Also, if anything happened to me, my two younger kids would just go live with their dad. End of story.
Some of the things I have learned about making wills are from a friend of mine who has been a lawyer for quite a long time. (who recently mentioned that she has read this blog!) We talked last summer about the importance of homeless people or very poor people (ie. people with AIDS) being able to make a simple will. Sure they don't have money to pass along, but they still deserve peace of mind about who will make decisions for them if they are unconscious in a hospital, or they have belongings or maybe even pets to worry about dealing with after their passing. That was the first time I really got interested in wills. Plus, the fact that my mom is older, and living on a disability pension -- she wanted a will to make sure that her wishes were known and to figure out "who got what" of her various collections of stuff.
Anyhow, what have I learned so far about making wills? (in Canada, specifically Ontario)
1- anyone can make their own simple will by handwriting their wishes, dating it and signing it (this is called a holograph will and is legal - but the problem with these wills is that if the correct language isn't used AND someone in the family wants to fight the will, it is easier to break it)
2- there are "will kits" in books or online that assist people in making wills and power of attorneys (the good thing is that they have some of the legal wording to help it become a better document, but still, sometimes people write in stuff that is not permissible under law, so again, the will can be contested)
3- in Ontario, the Law Society of Upper Canada has a template of the ideal will that lawyers have access to - so it's really easy for lawyers to make up simple wills what with computers and all (lawyers seem to charge anywhere from $100 - $200 for a simple will - some will charge a package price for couples, and some include the power of attorneys in the price)
These are the types I have been working on at one of my articling jobs. I am learning about Power of Attorneys (for personal care and for property) which are used when something happens to you and you can't make decisions (ie. unconscious in hospital bed). You use these documents to identify who you want making the decisions for you and your property.
There are several other concerns for average (not rich) people who want to make wills. A very common concern is for couples who have young children. It is so hard for people to make a decision about who should be the guardians for the kids should anything happen to both of the parents. I have a friend whose 4 kids are pretty much grown up now, but when they were young (4 kids under 3 years old!) they didn't know what to do about this. After much thought, they asked 3 different family members to be the guardians - One for the eldest girl, one for the second boy, and the third for the twin boys. The guardians would get to decide what was the best option for that particular child. Maybe they would live together, maybe they wouldn't. This way, the burden wasn't put onto one person. In the end, of course, it wasn't needed, as they all are doing just fine now.
I think the main thing is to make your wishes known. Not just in your will (in writing) but to tell your family members and friends what you would want. So hopefully that will eliminate any argument or actual fights about things. So many families end up in conflict after the death of a loved one because they weren't told what the plan was.
