Where are your assets?

Let us assume for now that you are one of the minority who has written your Last Will and Testament. Now let us assume that you are one of the few of that minority who has bothered to keep it up to date. There’s a good chance that your Will would say something like “I leave my entire estate to my husband John” or “I divide my estate equally between my two children Billy and Betty”.

Now imagine that something were to happen to you today. Would the person who you have named as the Executor in your Will be able to find all of your assets? How many financial accounts do you have? How many insurance policies? What about online accounts with financial assets (like PayPal, GoDaddy PaddyPower or eBay), how many online accounts with family memorabilia (like Flickr, Picassa or Shutterfly), accounts with material assets (like iTunes, Audible, Amazon). There used to be a time when your Executor would go through your mail and take a look at bank statements, but do you receive paper statements from your eTrade, Questrade, William Hill or Party Poker accounts?

Even the people closest to you may not know about every financial or material asset that you own, and if they do, they may struggle to gain access. If you write a Will using a lawyer or solicitor, and have named that legal professional as your Executor, do you let them know every time you open a new account? One of the most common questions we get at LegalWills is “my Dad wrote a Will with a lawyer, but we don’t know which one, how can we find it”. In these situations, the lawyer doesn’t even know that the person has died, so they almost certainly won’t have an up-to-date list of assets.

At LegalWills we are trying to bring Will writing into the twenty first century. Firstly, by letting people prepare their own legal documents at an affordable price for the comfort of their home, and then by letting them update them whenever circumstances change. But modern technology also allows us to do innovative things like integrate My Life Locker into our LegalWills services. My Life Locker allows you to keep an up-to-date record of your key contacts, assets, financial accounts and online accounts which can then be updated at any time, simply by logging into your account. You can at any time download and print your Life Locker and keep it somewhere safe in the house. Alternatively, you can create Keyholders™ and these people will be able to access your Life Locker at the appropriate time; once you have passed away.

If you’ve ever been an Executor, or have ever talked to somebody who has just administered an estate, you will know how difficult it can be to gather the assets, and how impossible it is to know when that task is complete. There are millions of bank accounts around the World sitting dormant because the account holders died, and nobody knew they existed. If you look at online account policies you will often see terms like this;

If we continue to deem your account inactive for a period of eighteen consecutive calendar months, in order to safeguard your monies, we may withhold any remaining monies in your account and close your account. You may contact us to reclaim any such withheld monies at any time

In other words, if you don’t use your account, the money is lost.

Thankfully with services like My Life Locker integrated within LegalWills.ca, USLegalWills.com and LegalWills.co.uk we can provide you with the tools to ensure that all of your assets can reach your beneficiaries.

lifelocker

The challenge of keeping your Will up-to-date

Most professional advisors recommend that you update your Will after key life events. Certainly marriage, divorce, the birth of new children, or the death of a beneficiary would all necessitate a review of your Will. Sadly though, these life events are generally so significant that the updating of your Will is probably the furthest thing from your mind.

We saw the example just over a year ago of Gary Coleman who prepared a Will in 2005 and then over the course of a couple of years married, divorced and then lived as common-law. He attempted to keep his Will up-to-date by adding handwritten notes to it, which resulted in a long, protracted legal battle over his estate. Then there was the case of Anna Nicole-Smith’s Will, which was not updated after the birth of her child. She died when her child was 5 months old, and quite understandably had not found the time to update her Will (in spite of being surrounded by lawyers in her life).

If you think about what really happens during the traumatic life events, like the death of a child or a divorce – how soon can people realistically be expected to book an appointment with a lawyer to re-write their Will? And when many life events occur in quick succession, how significant is the $600-$800 cost for every update?Blue-Eyes-Cute-Baby-HD-Wallpaper-1080x607

The life event that hits closest to home for me is the birth of a new child. It was four weeks after the birth of our daughter that we sat down and said “oh, I guess we’ll need to update our Wills, after all, we needed to name a guardian for the child, and set up a minor trust.” It took us a full four weeks to realise that this needed to be done – and I work full time for the LegalWills websites !!

Of course, one strategy employed by the legal profession is to try to future-proof the Will. Clauses refer to “any surviving children”, or “any known issue” which takes into account the births or deaths of any children between the writing of the Will and the execution of the Will. However, it’s a bit of a workaround, because new children need to have guardians appointed in a Will, and they should have trusts set up for their inheritance.

Fortunately for me, my Will was written using LegalWills.ca, and our other services at LegalWills.co.uk and USLegalWills.com provide the same convenience. I don’t need to pay anything for an update – I simply login to my account, add the new child, name a guardian and then determine the ages at which my daughter will receive her inheritance; even splitting it one third at 21, one third at 25 and one third at 30. It took me about 10 minutes and it was all completed while sitting on my sofa at home – now I just need to print and sign the new Will in the presence of two witnesses to have a legal up-to-date Will.

Like most people, I would not have taken the time to seek out a lawyer and I wouldn’t be prepared to pay $800 to make these changes. Fortunately, by using the LegalWills service I know have the peace of mind that my new daughter is taken care of should anything happen to her parents.

Fear and loathing of our Will service

There are generally two different reactions to our legal Will service and yesterday we experienced both. A lawyer tweeted yesterday about our service “Danger, Avoid”, and then an hour later somebody called into our customer service line and said “my mother had a Will written up when she was 85 and was charged $700, we have just re-done it using your service and it was almost verbatim compared to the $700 Will”. Let’s explore these two reactions.

The lawyer didn’t give too many details as to why our service was dangerous, or why it should be avoided, so we’ll have to make some assumptions. Let us assume that the lawyer felt that reducing the process of preparing a Will to a series of algorithms presented in a software package is an over-simplification – to some extent the lawyer may be correct. But what we do know is that it is actually quite unusual for a lawyer to hand-craft a new legal clause to go into a Will, most Wills drawn up by legal professionals are cut and pasted from known precedents. In fact, if you step into a lawyer’s office, you will be asked to complete a blank form, that is then punched into some software, and a Will is generated. In most cases the process is actually exactly the same as what we do. That is not to say that there can be fine-tuning of assets to lessen probate charges and tax liabilities, and more complex estates can benefit significantly from legal and financial advice to reduce the burden of those charges. But for many people the perceived advantage of this guidance is offset by the expense and inconvenience of seeking the advice.

Of course, if a special clause is required, or legal advice is needed, then we would always direct people to a legal professional, and under those circumstances, high legal fees may be warranted. However, in most cases, the process for creating a standard Will is actually far less complicated that filing one’s taxes, and I can imagine a decade or so ago, professional accountants having the same reaction to tax preparation software; “how can you reduce our expertise to a series of Q&A’s in software” but Intuit did it, and it has now become the go-to resource for most people. It is inevitable that more people will turn to software to prepare their Will given their experiences with dealing with legal professionals. And with that, let’s look at the other reaction.

Too often we hear of egregious over-charging by estate planning lawyers and this is ultimately what makes the service at LegalWills.ca, LegalWills.co.uk and USLegalWills.com so successful. We hear of people needing to change the name of their Executor on their existing Will, and being charged in excess of $500 to do this. We hear of 85 year old seniors, who simply want to leave everything to their daughter, being charged $700 for a simple Will.

I think it’s only fair to offer the other side to this discussion. Why would a lawyer charge $500 for what appears to be a minor update? The argument appears to be that the lawyer would effectively have to create a brand new Will because it is conceivable that laws or personal circumstances may have changed since the original Will was written. However, when the new Will looks identical to the original, people justifiably feel ripped off.

We are therefore left with a situation where 60-70% of people do not have a Will, and of those that do, most are not kept up to date. It is a document that everybody should have, so we clearly have a broken system.

We believe that our service currently addresses the needs of about 70% of the people needing a Will. It would be relatively straightforward to build software that could address the needs of 99 percent of the people needing a Will. There will of course still be a need for legal advice from trained professionals, and the hand-crafting of novel and unique legal clauses. But we do feel that the days of charging $600-$900 for a standard Will are thankfully drawing to a close.

For every complaint from the legal profession, we receive fifty thank-you’s from people who have used the services at www.legalwills.ca, www.legalwills.co.uk and www.uslegalwills.com. We feel that we offer a vital service and that for the vast majority of people, the end product of our service is every bit as good as a Will drawn up by a legal professional.