Hiring a lawyer to prepare your will is not a legal requirement. You may choose to design your own will using one of the available Alberta will kits.
Before you do, you should consider the following:
- Alberta will kits may contain disclaimers stating that the information is not legal advice and to consult with a lawyer for legal advice. This means that there is no recourse if an error in your will creates complications, and there may be added costs to ensure your wishes are honoured. Your lawyer has professional liability insurance to protect you against errors.
- A lawyer will decide about your mental capacity to execute a will. This may prove invaluable should a family member try to challenge the will because you were not mentally competent at the time. If you prepare your will on your own, there is no independent confirmation of your mental state at the time.
- A will can also be challenged if made under duress or undue influence. A lawyer's inclusion can help, should your will be challenged on these grounds. Your lawyer will ensure that any interested parties are not present when the will is signed. There is no proof that someone didn't influence your decisions on your own.
- You will save money using an Alberta will kit, but to do it properly, you will need to educate yourself about the various issues and the decisions you need to make. Your lawyer will explain any problems, saving you from investing this time.