Self-drafted wills may appear straightforward and cost-effective, but they come with significant risks if not executed properly. A will ensures a person’s assets are distributed according to their wishes after death. However, creating one without professional help can lead to unintended consequences, legal disputes, and challenges to its validity. Below are the primary risks associated with self-drafted wills in British Columbia:
- Lack of Legal Validity
In British Columbia, a will must meet specific legal requirements to be valid. These include being in writing, signed by the testator in the presence of two witnesses who also sign the will. If these formalities are not followed, the will may be declared invalid, and the estate will be distributed according to the Wills, Estates and Succession Act (WESA), not the deceased’s wishes. Inadequate knowledge of these requirements can easily result in an invalid will.
- Ambiguities and Vagueness
Self-drafted wills often suffer from unclear or ambiguous language, which can cause confusion about the testator’s intentions. If assets, beneficiaries, or instructions are not clearly identified, it can lead to disputes among heirs. For example, if a will simply states “my jewelry” without specifying which pieces or who should receive them, it may result in disagreements and costly legal battles.
- Overlooking Essential Provisions
Individuals who draft their own wills may overlook important provisions, such as naming an executor, appointing a guardian for minor children, or addressing debts and taxes. Without an executor named, the court will appoint one, which may not align with the testator’s preferences. Additionally, failing to address debts or estate administration can complicate the probate process, causing delays and extra costs for beneficiaries.
- Failure to Update the Will
A will should be updated regularly to reflect changes in life circumstances, such as marriage, divorce, the birth of children, or acquiring new assets. Self-drafters may fail to recognize the need for updates, resulting in an outdated will that may exclude a new spouse or child, or leave out newly acquired assets. This can lead to disputes, confusion, or unintended disinheritance.
- Increased Likelihood of Legal Challenges
Self-drafted wills are more vulnerable to legal challenges than those prepared by an attorney. Heirs or others may contest a will if they believe it was improperly executed, that the testator lacked mental capacity, or that it was influenced by undue pressure. Without professional guidance, the will may inadvertently be open to challenges, which could lead to lengthy and costly legal disputes.
- Inadequate Planning for Complex Estates
Self-drafted wills are often insufficient for individuals with complex estates, such as business interests, multiple properties, or large investments. Estate planning involves more than just asset distribution—it includes tax planning, asset protection, and strategies to minimize probate fees. An estate planning attorney can help navigate these complexities and ensure the will is structured to efficiently manage the estate.
While self-drafting a will may initially save money, the risks of invalidity, ambiguity, and legal challenges can far outweigh the cost savings. To ensure a will is legally sound and comprehensive, it’s often wise to consult an estate planning attorney. Professional assistance can help navigate the complexities of will drafting, ensuring that the testator’s wishes are respected and minimizing the potential for future disputes.
At Northam Law, we understand that planning for your family’s future is paramount. We’re here to guide you through the complexities of Wills and Estate planning, ensuring your assets are protected and your wishes are honored. Whether you’re creating your first Will or updating an existing one, contact us today to learn how we can help you provide for your loved ones.
