Making a will is an essential step to ensure that your loved ones are taken care of after your passing. However, many people delay this process or attempt to create their own wills using online templates. While it may seem simple, the legal requirements for a valid will are more complex than they appear. Small mistakes or unclear language in a DIY will can lead to confusion, disputes, or even the invalidation of the will, leaving your beneficiaries unprotected.

Kates Estate 2020 ONSC 7046 demonstrates why it’s crucial to have a legal professional help draft your will. Justice Arthur Gans ruled that Ms. Kates had the necessary mental capacity to make changes to her will, largely because her solicitor kept detailed records. Even though medical professionals expressed concerns about Kates’ mental state, the court relied on the solicitor’s testimony. As Justice Gans noted:

“The evidence of the drafting solicitor who had met with and spoken repeatedly with the testator should be preferred over all else, even that of medical professionals.”

The solicitor’s detailed notes showed that Kates understood her actions and the content of her will when she made the changes.

When a will is contested in court, the drafting lawyer can provide critical evidence, confirming that the testator understood their assets and intended for their estate to be distributed according to the will. Lawyers ensure that wills are legally sound, clear, and reflective of the testator’s true wishes, preventing costly disputes.

In contrast, DIY wills often include unclear language that can be easily misinterpreted, leading to disagreements. Many people also overlook strict legal requirements, such as how wills must be signed and witnessed, which can invalidate the document. Additionally, without a lawyer to verify the testator’s mental capacity, the will could be successfully challenged simply because the crucial evidence of the drafting lawyer will not be available.

In conclusion, Kates’s Estate underscores the importance of having a lawyer draft your will.

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