Is legal advice necessary?

Although a patient can make a Will without the assistance of a lawyer or other professional, it is not in their best interests to do so.

A Will can be challenged for various reasons including :

  • the patient did not have testamentary capacity at the time they executed the Will
  • it was not executed correctly
  • if certain categories of people (generally family) believe they were not properly provided for in the Will.

Having a lawyer prepare a patient’s Will can ensure the Will is valid and lessen the chances of the Will being challenged.

A lawyer can also advise the patient of other estate planning issues to take into account when preparing their Will.