Online will kits are popular — and for some, they may be enough. But for most people, especially in BC, they come with real risks. This post explains when a will kit may be suitable and when you should consult a lawyer.
What Are Online Will Kits?
Online will kits are fill-in-the-blank templates. Some are more advanced and ask a series of questions to produce a basic will. Yes, they can be legal in BC if they meet formal requirements under the Wills, Estates and Succession Act (WESA), including proper witnessing. But these kits don’t give legal advice, and they don’t help you plan for tax, probate, family conflict, or incapacity.
When Might a Will Kit Be Enough?
A kit might work if:
- You have no real estate
- You have one or two beneficiaries
- You’re not in a blended family
- You expect no conflict
- Your estate is modest
Even then, mistakes in execution are common, and we regularly see homemade wills that are unclear, invalid, or lead to unnecessary court costs.
What You Get With a Lawyer
A lawyer doesn’t just draft your will — we help with your entire estate plan. That includes:
- Strategies to reduce probate fees
- Advice on choosing executors and backups
- Planning for blended families or disabled beneficiaries
- Ensuring your will is signed correctly and is valid
- Reviewing capacity and checking for undue influence
We also help you plan for incapacity by preparing Powers of Attorney and Representation Agreements. These are legal tools will kits don’t offer.
Will Kit vs. Estate Lawyer – At a Glance
BC Legal Compliance
• Will Kit: Not guaranteed
• Lawyer: Fully WESA-compliant
Tax & Probate Planning
• Will Kit: Not addressed
• Lawyer: Tailored strategies to reduce probate
Custom Drafting
• Will Kit: Generic templates
• Lawyer: Fully tailored to your circumstances
Mental Capacity Documentation
• Will Kit: Not assessed
• Lawyer: Reviewed and recorded at the time of signing
Risk of Challenge
• Will Kit: Higher
• Lawyer: Lower — lawyer provides evidence if needed
Contingency Planning (the “What Ifs”)
• Will Kit: Often missed
• Lawyer: Covered with clear backups and alternate scenarios
Support After Signing
• Will Kit: None
• Lawyer: Available as laws or life situations change
What About Probate Fees?
In BC, probate fees are based on the gross value of your estate. With proper planning, you can reduce or avoid them. A lawyer can help by:
- Naming appropriate beneficiaries on registered assets
- Using joint ownership when appropriate
- Creating trusts
- Preparing multiple wills for business owners
These approaches require legal advice. They aren’t available in a will kit — and not all strategies are suitable for everyone.
Protecting Against Disputes
A lawyer-prepared will creates evidence of your intention. That matters if your will is ever challenged — for example, by someone who feels left out or treated unfairly.
When we prepare a will:
- We meet with you privately
- We assess your capacity and check for undue influence
- We keep detailed notes of your instructions
If a dispute arises later, those records can help ensure your wishes are upheld.
With a kit, you’re on your own. There’s no evidence of capacity, no record of your instructions, and no legal professional to confirm your intentions. That makes the will more vulnerable to variation claims or court challenges.
Will kits also miss the “what ifs” — What if your executor dies before you? What if a beneficiary divorces? What if you remarry? What if your child becomes disabled or dependent later in life? We address these risks with proper drafting. Kits don’t.
Conclusion
Will kits may work in very simple situations, but they aren’t one-size-fits-all. If you own property, have a family, or want to avoid problems down the road, legal advice is well worth it.
We help clients across BC create valid, practical estate plans that reduce stress for their families.
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