Is there a lawyer in house

Would a will made by a notary public be watertight as a lawyer? I'm guessing better to get it checked by a lawyer to be safe then sorry.

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Is there a lawyer in house

Are you located in Quebec?

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Is there a lawyer in house

Is there a lawyer in house

Great info thanks. (BC)
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Is there a lawyer in house

Is there a lawyer in house

I did corporate/commercial and wills/estates work in BC for over 20 years (as a paralegal and legal researcher), and I can tell you that a Will drafted by a notary (or by yourself from one of the available Wills kits) is just as legal and binding as a Will drafted by a lawyer, as long as: 

 

1)  It's in writing; 

2)  It is signed by the maker (testator); 

3)  It is witnesses by 2 witnesses, both of whom were present when the testator signed. 

 

Now, if your question is not about the legality of the Will in terms of court enforcement, but about the content and quality of the text of the Will, and whether it properly represents your wishes and protects your interest, there are different considerations.  

 

In my many years of experience I've seen a lot of Wills drafted by lawyers and a lot drafted by notaries public (in BC), and I can tell you that there is little qualitative difference between the two.  Lawyers and notaries both usually work from "boilerplate" Wills templates that they've developed based on current law, and add, subtract or revise certain portions depending on the individual case.  The main differences are: 

 

1) A lawyer will usually charge you more (although many have so much competition from notaries that if asked they will sometimes match a local notary's quoted fee, if it is a simple Will (husband and wife for example, with no unusual assets or business(es) involved).  So check with the notary first if you have a straightforward Will situation, then see if a lawyer in the same town or city can get close to the same quote.  For the reasons lawyers charge more, see 2) below; 

 

2) It is illegal for a notary public (in BC) to give you legal advice, that is, to give you advice on aspects of planning relating to legislation and court decisions.  For that you need a lawyer, who will charge more.  Keep in mind that generally speaking the bigger the law firm and the greater its reputation, the more you'll pay regardless of other factors.

 

However, you're probably also paying for someone with specialized experience in Wills and Estates, who can advise you on the whole of your estate/will planning process while you're there.  If you have significant assets and children involved, a lawyer can also set up a trust if necessary, and advise you on guardianship issues.  All these extra services will cost more than a simple, straightforward Will, but may save your family a lot of heartache in the event of your death, especially if you have a lot of property at stake that is not already in joint ownership.  

 

3) Notaries generally prefer to stay away from complex Wills involving estate planning issues, so remember that any quotes they will give you are really based on being able to work from a more or less standard template -- husband and wife, young kids, house and other major assets in joint tenancy or with beneficiary agreements in place (RRSPs, etc.). 

 

Many people ignore a couple of other important documents that go along with Wills.  These are (in BC at least) Representation Agreements and Powers of Attorney.  It's not a bad idea to have these done at the time you have your Will drafted or revised.  By the way, I found many people balked at paying the extra fee to have their Will registered with B.C. Vital Statistics, but frankly it's a mistake not to.  Many things can happen in life, and it's good to know there is a permanent registered copy of your Will in a central location, even though almost all notaries and lawyers will have a locked Wills cabinet to keep your signed copy in their offices.  I've seen those Wills get moved around when law firms devolve, and they can even end up in another city. 

 

Find a notary or lawyer that someone you respect (or has a more complex situation than yours) can recommend to you.  Generally speaking, a medium-sized law firm with 3 or 4 Wills and Estates specialists should be a good bet.  Pick the guy (or gal) who has 8 or 10 years of experience (check the Law Society's website), not necessarily the biggest partner in the place, who will probably be charging you 1-1/2 times the fee for the same services because of his experience and reputation.  Remember that the middle-rung lawyers all have access to the experienced ones in most offices to give them direction if they need it.  

 

Of course, if you own a thriving business, have several villas and yachts, a big bank account and 4 grown children, pick the person in the law firm whose name is at the top of the letterhead. Woman Very Happy

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Is there a lawyer in house

Oh, one last word: I don't think any Will is absolutely iron-clad, but having a reputable lawyer who can advise you on the legal pitfalls in advance is, at least in my estimation, the best way to avoid leaving your loved ones to be dragged through the horror of dealing with a court challenge to a Will after your demise.  

 

And don't forget that you can revise that Will if you feel you really need to in the future, by either having it completely re-drafted, or by adding a Codicil to deal with a particular aspect. 

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Is there a lawyer in house

By the way, where are you located in B.C.?  I know a lot of law firms in a lot of towns and cities around B.C., and if you happen to be in the Victoria area, where I lived and worked for over 15 years, I may be able to suggest a couple of lawyers personally.  

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