Barriers to creating a will
This week we are talking about the importance of creating wills. Most law office websites or legal advice forums have endless information about barriers to getting a will and the importance of obtaining a will.
I don’t want to write another post exacerbating the point… but more so wish to echo and support their advocacy for legal document preparation. As they say, there is strength in numbers. Illness and death can occur at any time and as a bedside Registered Nurse, I have witnessed conflicts and excessive stress arise from not having these documents prepared. In particular, unprepared business owners can also suffer greatly.
I’ll illustrate my point with an example that might be better understood. Imagine your house is on fire – you would want to be prepared with a fire extinguisher to put out the blaze instead of having to figure out your plan of action.
I would also argue that the people who suffer the most are the unprepared family members who don’t know who to contact, what steps to take or where to locate a will.
In this post, I’ve crudely summarized the barriers of obtaining a will from the resources listed below (and therefore not my intellectual property). Of equal importance to a will is having a documented power of attorney. This is the person you appoint to be your substitute decision maker.
SUMMARY OF BARRIERS
COST
It’ll cost a lot of money: There’s a budget for wills at every price point. There are “holograph wills”, pre-drafted wills available online and software that are inexpensive. Or you can invest in one drafted by a lawyer that will include consultation into your personal life. Of course, it is legally preferred to have a lawyer draft a will, as the former options could leave vulnerabilities in the distribution of your estate at your time of death.
Also, there are many unknown costs that can occur at the time of death when no will has been created. These costs fall on the estate, and you’ll likely lose more money than if you paid upfront to have a will properly drawn up. You won’t know that, but your surviving family will.
INDECISIVENESS
Unable to decide on direction of care or estate - A good lawyer will be able to counsel you on important life decisions and how to navigate them
A will is also meant to be updated so what you decide now might look different from 5 years from now.
FINDING A LAWYER
Search online forums and social media community groups
Search parenting groups or local community groups for recommendations (ie: Local Mom groups, Dad groups)
Ask friends / colleagues – this might spur a great conversation where you find others in the same boat without a will. Getting a word of mouth recommendation is a very popular approach.
Search online business reviews
Call them up - I’m old-school and love to speak with people directly. I find I get a good sense of people when I speak with them - better then over email. Many lawyers offer free introductory consultations. Here you can ask questions, get a sense of what they’re like to work with and if it’s a good fit.
PROCRASTINATION
Time commitment – yes, it takes a bit of time to make a will but not as much as you think. How great will you feel when you strike this off your list.
“I don’t have time” – We’ve all been here. The truth is we have the time, it’s just not fun or interesting to prioritize our time to. But think of it this way - your family will be spared so much agony if you take time now to do this for them.
“I’ll get around to it” – We’ve all been here too. The mental burden of thinking about doing something important causes way more stress then actually doing it. Take the first step and call up a lawyer’s office to get the ball rolling. You’ll be so happy you did.
It’s not a fun project so we naturally don’t want to do it. – This is human nature. But as we say to our 4 year old, “sometimes we have to do things we don’t want to do. And that’s called being responsible”
“I’m young – I don’t need a will” – I wish I didn’t have the life experience to say people of all ages are vulnerable to illness and death. It’s reasonable to say if you don’t have assets or dependents, you don’t necessarily need a will – but it wouldn’t hurt to connect with a lawyer for a (free) professional opinion to be sure.
Family planning / planning for more children – This is something I admittedly didn’t know – A lawyer can draft a will with language that includes family planning and the possibility of future children.
FEAR
Don’t want to face mortality – This is a very reasonable fear. It’s something that must be built up and worked on over time. Avoidance is a coping mechanism – and no one can avoid the end of their life. What will happen is our grieving families will be left to manage the aftermath while trying to hold themselves together. You will be the hero of your life story if you do them this kindness and prepare what they can’t.
Don’t want to think about death – Similar reasoning above
Afraid to address scenarios (ie: who will take care of your young children if you and your spouse pass away).
LACK OF KNOWLEDGE
“I’m common law / married – everything will go to my spouse” – We don’t know what we don’t know. Asking questions to a professional can save you a lot of money.
“I don’t have assets, money or children” – This might be a scenario where a lawyer might say you don’t need one, but there’s no harming in asking a professional. Everyone's scenario is different.
Unaware of consequences if you don’t have a will – People who have been burned by the estate distribution process after a loved one’s death would likely be the first in line to organize their affairs. There are many legal consequences that could arise depending on your situation. The best way to address this is by speaking to a legal representative.
Not knowing where to start – This is a very reasonable concern. The first place to start is finding a reputable lawyer.Complicated process – Many professionals are aware this is a challenging process. A good lawyer will walk through the process with you to ensure you understand what is being asked, and what is being put in your will.
Here is a list of excellent articles to read:
🇨🇦 Tim Hewson – November 16, 2016 – Why Do Most People Avoid Writing a Will?
https://www.legalwills.ca/blog/avoid-writing-a-will/
🇨🇦 David West – April 23, 2020 – 10 Reasons NOT to get a Will
https://www.west-legal.ca/calgary-wills/10-reasons-not-to-get-a-will/
Heleigh Bostwick – May 2, 2022 - Don’t Have a will? 10 Common But Misguided Excuses
https://www.legalzoom.com/articles/dont-have-a-will-10-common-but-misguided-excuses
Adair M. Buckner – Mar 2, 2015 – The Top 5 Reasons People Don’t Have a Will
https://www.adairbuckner.com/debunking-the-top-5-reasons-people-don-t-have-a-will
Generations Law Group - Top 5 Reasons People Don’t Have a Will or Estate Plan and the Risk of Inaction
