HawthorneVillager.com

Hi,

Just looking for a recommendation for a lawyer in Milton to do a simple will and POA for my wife and I.

What are your thoughts?

Thanks,
Ben

I think I've posted this previously... but I have a friend who will do them over the phone with you and there is quite a bit of information on his site about the procedure if anyone is interested.
Saves you a trip to the office and you'll probably spend 20-30 mins on the phone and pay only around $100 for all your documents.
http://www.canadianwillsetc.com/

This isn't one of those "Will Kit" sites either... he's a real lawyer who will discuss your Will and POA with you and draft it himself.

My opinion is biased, but there is a lot to be said for taking the extra time and expense, going to the lawyer's office, and getting a lawyer-drawn will.

It's not all about drafting, though one could reasonably assume that meeting and sitting down with the lawyer who draws your will could only make for a better draft, and for a more comprehensive instrument.

Two of the most important things which can become an issue after a person dies with a will are testamentary capacity (if they were senile, etc.) and undue influence (where one person possibly coerced the other into signing a will). Having a lawyer take instructions from the tesatator(s) face-to-face and personally witnessing the signatures is the best defence against these kinds of challenges. Its potential value should not be underestimated.

Another point is that the best place to keep a will is at the lawyer's office. It is an arbitrary neutral site where the surviving family will know to look. Wills in safety deposit boxes can be hard to access after the person dies and may fall into the wrong hands or never be found until too late. Similarly, wills stashed in the home can also be lost or fall into the wrong hands.

In summary, I think its best to take the time and the money (not a lot either) and have things done by a lawyer. Remember that people with poorly drawn/witnessed/stored wills rarely become aware of their deficiencies and never have to count their actual cost...only their survivors do.

Hi there

I would highly recommend Michael Morgan. His office is just north of Derry on Bronte. It's in the new business unit development. My personal dealings with him have been very positive. He's extremely patient, doesn't rush and will explain things multiple times if necessary.

Hope this helps and good luck.

Jim...you make a decent argument, but honestly how many wills are really contested based on someone's mentally capacity or someone being under duress...maybe 1 in 100,000. Does that make a good argument for spending an extra $300?

I'm not sure it would be an extra $300 (more like $200) once you count the time you will spend on the project yourself. And thats for two people. And a good lawyer might have some tax planning issues to suggest once (s)he hears of your particular circumstances. Sometimes they have suggestions on who should be executor, attorney, or the terms of a testamentary trust etc.

As far as how many wills are challenged like this: not many that actually go to final judgment but I would imagine there are a substantial number that are settled out of court.

Having a lawyer take your will also often leads to the same lawyer representing your estate should you die (its up to the executor but they usually stick with the same lawyer who drew the will and who was holding it at the time of death). This isn't a bad thing either.

I'm not insisting that you make a will. Just that if you are, I think going to a good lawyer is the best way to go.