Probate Kits and Will Kits:

"a person who dies without a Will leaves lawyers as heirs" anon.

The unintended consequence of do-it-yourself "kits" for wills and probate commonly found in drug and stationary stores, is that they provide a steady stream of work for lawyers - the very group they claim to avoid.

Will Kits: Generally speaking, there are 2 major problems with wills prepared using a will kit.

The first problem is that they are prepared without legal advice. For example, without legal advice, how can you be certain that children from previous relationships will be adequately looked after by a subsequent spouse? What will happen to assets that pass outside the will? How do you know that you haven't made a mistake that will nullify the whole will?

The second problem is that they give the false security that your estate planning is done when your will is done. Nothing could be further from the truth. Your will is only one of more than 3 parts to an estate plan. What happens if you lose mental capacity? Your will doesn't help - its effective only after you die. What about directions to doctors and caregivers about end-of-life decisions? Again, your will doesn't help. What about assets held jointly with others? Yet again, your will doesn't help as it only deals with assets that form part of your estate. What about insurance proceeds? What about RRSP beneficiaries? What are the tax implications of your estate plan?

An estate plan, of which your will is only one piece, should not be prepared without professional help. The lawyers of Bassett Quiring & Co. will work with you and other professionals to craft a legal plan that works for you.

Probate "kits": Probate kits provide forms but they can't give you advice and they can't do the work for you.

Without legal advice, how will you know what to do if a beneficiary can't be found? Or what to do if a beneficiary disagrees with their portion of the estate? Or what to do if the Supreme Court Probate Registry doesn't approve of your documents? Or if you must formally pass your accounts before a registrar of the Supreme Court? The simple answer is that you won't know what to do if you rely on a probate kit.

This link to Executor's Duties lists over 50 things that an executor must do. Actually the list is much longer, but we think you get the point. This is why Bassett Quiring & Co. has created a program for executors and administrators that have tried to wind up an estate using a kit but become frustrated and overwhelmed. Under our program, an executor can simply hand over the whole process over to us, and we'll take over where they left off and carry it to completion.

All legal services provided through Bassett Quring Law Corporation.