Due Diligence

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Prior to purchasing this product, we ask that you read carefully and acknowledge the following. Once you have completed the forms and you receive the will, please save the following link for instructions as to how to sign the Will in order to meet the formalities of execution.

Not legal advice

This is an online tool and not legal advice. It is a general tool based on subjective and objective assumptions of what the general population would want. The creators of this tool, including legal counsel, shall not be held accountable for the purchaser’s lack of understanding of the law, lack of understanding of how to execute the Will, any undue influence or pressure, or any unintended consequences of signing the Will. We always recommend obtaining legal advice. Although a lawyer has been involved in creating the tool, it has been simplified for the purpose of bringing this tool to the public.

General Limitations:

This will is for those people that want a simple will and to leave everything they have to their designated beneficiaries. You will not be able to leave cash legacies, make specific provisions, make complex trusts, plan for taxes, have non-individuals as executors. You will have a maximum of 10 beneficiaries and a maximum of 5 contingent beneficiaries for each primary beneficiary. The beneficiaries can only be individuals and charities. There is also a standard clause for any animals you may have, which cannot be customized.  You may have a maximum of three primary executors and a maximum of three substitute executors.

The tool has been simplified. There might be some problems with fixed shares or percentage shares of residue. If a beneficiary of a fixed share of residue predeceases the testator and there is no gift over, the fixed share will be dealt with on an intestacy or in accordance with the anti-lapse provisions, and you should obtain legal advice with regard to this. The use of fixed shares may result in error if the number of shares are added incorrectly, you should ensure that they add up to 100%.

Other specific limitations:

  • Legal language – you might not understand the language.
  • Complex clauses – this is a simplified will, whereas you can only refer to your estate in general and divide it between your named beneficiaries. You can appoint contingent beneficiaries (in case either of your primary beneficiaries are not alive). You cannot include complex and customized clauses such as “If my child is not married…”.
  • Specific gifts – again, this Will only allows you to leave to beneficiaries only what is remaining upon death. You cannot provide for an amount of cash or leave a specific property to a beneficiary. This is based on what we usually recommend, which is that you should only do this when you are estate/tax planning and you should consult a lawyer.
  • No designation of pension/annuities, etc: the law is complex as to what happens if you do not designate a beneficiary for your life insurance or RRSP and it has tax consequences. This information is not legal advice; rather, it is for the purpose of illustrating that the current tool does not address these issues. Generally, you should designate your beneficiaries directly with your banks/insurance companies, such as life insurance policies, RRSPs, TFSAs, as well as discuss directly with these institutions. Again, these have not been included in this Will tool.
  • Independent verification of your assets/liabilities: this tool does not assess your assets or liabilities, account or policy numbers, legal description of manner of ownership.
  • Change a prior will – using the tool will not change a provision in a prior will and it will actually completely revoke a prior will.
  • You cannot make multiple wills. This is your final will.
  • Estate and tax planning – this is not included. You should consult with a tax specialist and a lawyer.
  • Disabled beneficiaries – again, any special trusts are not included or provisions for disabled beneficiaries.
  • If you are a spouse or former spouse, you should obtain advice from a lawyer. This includes if you have a prenuptial contract (cohabitation agreement, marriage contract) or a Separation Agreement, if you are married or separated, if you have dependants. Your family situation may affect how your property is distributed upon your death.
  • Funeral provisions – we recommend adding a memo and keeping it with your will, as this is not enforceable.
  • Guardianship of children – there is a limitation of five children for which to appoint a guardian and they can all have the same guardian or a maximum of two guardians. Substitute guardians are not provided. Also note that this is not guaranteed, as family law also applies and you should consult a lawyer.
  • We cannot guarantee enforceability of this Will in other provinces or countries and any tax consequences. This Will is made in accordance with Ontario rules.
  • Execution – while we detail the steps to properly execute the will, if you do not understand this, we cannot be responsible. Further, we do not provide any services to protect against the will being challenged based on improper execution, not understanding it, undue influence, pressure, issues regarding capacity.
  • Affidavit of execution – upon completing the will, one of the witnesses has to swear an Affidavit of execution in front of a commissioner. This Will tool does not include this feature. The Will is valid without the Affidavit of execution; however, this is required to for the executor to obtain the Certificate of Executor from the court upon your death, otherwise it will be more difficult for your executor. It is best practice to do this at the same time as the signing of the will but it can be done at any time.
  • Update of Will – you may need to update or re-make your will in certain situations and this tool shall not notify you of this.
    • The following are some of the events which might require alterations to your will:
      • If you change your name, or anyone mentioned in the will changes theirs.
      • If an executor dies or becomes unsuitable to act due to age, ill-health, etc.
      • If a beneficiary dies.
      • If you have specifically bequeathed any property that you subsequently sell, or which changes in nature.
      • If you divorce, separate, remarry, adopt children, have children, etc.
      • If your estate increases or decreases significantly.
      • If you wish at any time to revoke or alter your will.
  • Will storage – we do not store the will in any way. The original Will is required upon your death (along with the Affidavit of Execution)
    • You should place the original will in a secure, fireproof, waterproof location and let your executors know where it is and how to obtain access to them if required. If you choose to keep your original Will in a safety deposit box, we suggest that you add one or more of the executors as a titled co-owner of the box but this depends on your level of comfort and trust.

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