So, you have decided that you have a simple family situation and that paying for professional legal advice may be overkill for your needs. You understand that it’s important to have a Will, and you feel comfortable using an online service to create it. However, there seem to be a few of them around, so how do you choose the best service for your needs? I’d like to provide a few pointers.
First of all you need to look at the company itself; how long has it been around? has it established any credibility? is it accredited by agencies like the Better Business Bureau? do the testimonials on the site seem genuine?
Then look at the initial interaction with the site; does it ask for your email address before you can do anything? this may be a red flag.
But the most important element to an online service is that it is truly interactive and that it allows you to create a legally binding Will that is not likely to be challenged once you have passed away. We have cautioned many times against the use of blank forms because there is no guidance in these kits. You may think that you’ve created a legal Will but it may be completely unenforceable in your jurisdiction. You need to be very wary of services that look interactive, but in reality they just complete a form based on your information with absolutely no intelligence.
I stepped through an online service this morning and the end product was this;
The unenforceable Will
The service now states at the top that I am “just a few moments away from completing your Will” all I have to do now is pay. But here’s the scary thing; I told the service that I am married with a young child, but the service has allowed me to inadvertently disinherit my entire family. I haven’t set up a trust for any minor children, in fact, I haven’t even named a guardian. There was no help along the way to tell me what I can and cannot do and once I pass away this “Will”is an utterly worthless piece of paper because it is entirely unenforceable. This online service has offered me no more than the blank form Will kits that we despise.
What you should be looking for in an online service is one that guides you through the process and offers you online help explaining what you can and cannot do. This service for example asked “are you married yes/no” without explaining the nuanced situation of separation in Canada. Many people will make a critical mistake on the very first question!
Ideally you need a service that will ask you to enter information like the age of your children and then prompt you to create a trust. You also should look for a service that will warn you if you are about to do something that will lead to a legal challenge or make your Will unenforceable.
Warning message at LegalWills
You also need to look for a service that supports what you want to actually do; for example, naming joint Executors, or setting up a trust for your child that allows funds to be distributed at different ages, for example, a third at 21, a third at 23 and the rest at 30.
Try to find a service that allows you to make changes or updates if you realise afterwards that you have forgotten something. You should be able to do this for an extended period of time without penalty (at LegalWills we give you a year).
Also look for service providers that offer live support over the phone or by email, and only use a service that offers a full money back guarantee if you don’t like the look of your final document.
At LegalWills we worry about the standard of many online service providers, but all we can do is provide some suggestions for how you may be able to tell the difference between a good service and a poor one.
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