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| How is it decided if I am competent when I write my will ? Any Will can be challenged if someone believes that the will-maker was incompetent at the time the will was writen. Your competency to make decisions can even be challenged while you are still alive. Establishing competency almost always involves going to court. A standard test used by judges to determine if a living person is competent involves the person's ability to show that they have a general knowledge of their affairs. |
| Do I need a lawyer to draft my Will ? The law doesn't require your Will to be drafted by a legal representative, but you should certainly consult one if you have any questions. |
| What are the pitfalls of drafting my own Will ? The chief pitfall is your lack of competence. There are many issues that arise at death. Only someone who is experienced with probate and estate planning should draft a Will. Your mistakes may be final and irreversible, and you won't be around to fix them. A simple Will costs between $75.00 - $ 100.00 dollars. A small mistake could cost thousands. |
| Do I need to notarize a Will ? Your Will does not need to be notarized. However, a formal Will must be properly executed, which means that it must contain a statement at the end attesting that it is your will, the date and place of signing, and the fact that you signed it in the presence of the witnesses who then also signed it in your presence and watched each other sign. You can also have your witnesses sign a so-called self-proving affidavit, which eliminates the necessity of having the witness testify in court that they witnessed the signing; the affidavit should be commissioned. |
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| Alternative Legal Solutions offers a free consultation to those in Barrie and surrounding areas. |
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