We are often asked if will “kits” (or the boxed wills that you can purchase from a stationary store) are valid and the answer is yes provided they are completed in the manner required by the <em>Wills Act</em>, RSNB 1973, c. W-9.
The difficulty is that most people have no idea what the law requires and therefore many of the wills completed with these types of kits are done incorrectly. One example is that a beneficiary generally cannot be a witness to a will and there are specific rules about how a will is signed and witnessed that must be followed. If these rules are not followed, the result is that these wills are not valid and the person dies intestate, without any of their wishes being followed after their death. Often times, the intention in purchasing one of these kits is to save money, but if there is a problem in the way it has been completed there are often much more expensive problems to deal with in the end.
A simple will is not expensive. A lawyer can give you specific legal advice that is particular to your individual needs, and you can rest assured that your last wishes will be followed after your death. Any of our lawyers would be pleased to meet with you to discuss your will and any other of your estate planning needs.