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Apr

28

Will-O-Matic Frequently Asked Questions…

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Here are some common questions that you may be thinking about:

Questions about Us:

Q#1: Who is Dynamic Legal Forms Ltd.?
A#1:
Dynamic Legal Forms Ltd. is a federal corporation with a head office in Toronto, Ontario, Canada. It is owned and operated by Toronto lawyer Michael Carabash (Founder / President). Dynamic Legal Forms Ltd. is not a law firm. Rather, it offers customizable, lawyer-prepared, and affordable legal forms for everyday Canadians. If you require specific advice, you should consult a lawyer.

Q #2: How reputable is Dynamic Legal Forms Ltd.?
A #2: We started in 2008. We have been featured in over 50 media spaces – including CBC’s Dragon’s Den, CTV News’ Consumer Reports, the Globe and Mail, Toronto Star, National Post, CFRB1010 Radio, CAD800 Radio, and much, much more (you can see all of our media attention here). Over 20,000 Canadians have bought our Will-O-Matic since we launched it in 2012 and we have many testimonials from happy customers (and they keep on coming).  We have also expanded the Will-O-Matic to include Australia (Queensland, Victoria, New South Wales, Western Australia, the Australian Capital Territory, the Northern Territory, and South Australia) and the UK (England, Wales and Northern Ireland).  If you want to talk with our technical support (because you want to hear a human being), we are hear to help, 9 a.m. to 5 p.m. EST (Toronto time), Monday to Friday.

Q#3: What about security?
A#3:
When you’re filling out the Will-O-Matic, you will be asked to enter personal information about yourself (so that you can generate a custom-tailored legal Will). We take your security seriously. We use the most advanced security measures to help protect your information. This includes using an SSL Certificate (to encrypt data and allow for secure connections between your browser and our server) and monitoring our website for things like malware, cross-site scripting, SQL injections. We do not store your credit card information anywhere on our website. We also have daily backups of our website and database. Finally, we record all attempts to log into your account and will notify you by email if there are more than 3 unsuccessful attempts.

Questions about the Will-O-Matic System

Q #4: What is the Will-O-Matic system?
A #4: The Will-O-Matic is the most advanced, comprehensive, and flexible online system to make a simple Will. It is based on provincial laws, prepared in conjunction with Canadian lawyers, and constantly updated and improved. In a nutshell: the Will-O-Matic is an online questionnaire (or wizard) that takes your inputs and generates a custom-tailored Will in the form of a .pdf. Your custom-tailored Will also includes FREE bonuses:

  • FREE Signing Instructions at the end of the .pdf Will (mandatory instructions and recommended steps)
  • FREE witness affidavit templates (to help facilitate estate administration)
  • FREE edits for 1 year
  • FREE comprehensive eBook about Wills in your province (everything you ever wanted to know about Wills and more!)

Also worth mentioning is that the Will-O-Matic is affordable. While the average Canadian lawyer charged $382 in legal fees (see Canadian Lawyer Magazine annual survey on legal fees) to produce a simple Will in 2011, our Will-O-Matic system costs only $64 plus tax.

When you add all these things up – our attention to detail, the high quality Will you get that is custom-tailored to your needs, the education, the FREE bonuses, the affordability, our reputation – you know that you are using a superior service. And that’s what makes us the best when it comes to getting your Will done in a cost-effective and convenient manner.

Q #5: Is the Will-O-Matic right for me?
A #5: The Will-O-Matic is designed for a single person with a few beneficiaries and harmonious family situation, possibly owning their own home and otherwise straightforward possessions (e.g. household goods and a few bank accounts). For someone with a blended family, dependants, complex financial affairs (e.g. involving trusts, taxes, business interests, joint property), international property, or issues with mental capacity, advice from a lawyer is recommended. Also, if there are issues concerning undue influence, duress, or other factors which may prevent the Will-maker from entering into the Will freely and voluntarily, advice from a lawyer is recommended.

Q#6: Do I have to complete the Will-O-Matic in one sitting?
A#6:
No. You can always save your information, log out, and then come back to our website and sign in. Once you are signed in, you can simply click “continue” to go through and complete the Will-O-Matic.

Q #7: Will it be hard for me to understand?
A #7: Our Will-O-Matic system has been praised for its simplicity. Instead of asking you something like: “Do you want to divide the residue of your estate amongst your issue per stirpes” we ask you: “If you want to leave your left over property (after expenses, debts, and taxes have been paid and gifts have been made) to a child, but that child passes away before you, do you want that child’s inheritance to go to their children (i.e. your grandchildren)?” It’s the same question, but we SIMPLIFY IT! If we think a term like “residue” needs a definition so you can understand it, then guess what: WE DEFINE IT! We have loads of guidance on every page of the Will-O-Matic. Once you go through the Will-O-Matic and you have produced your Will and read the eBook, if you want to make changes, you can for FREE (it’s free for the first year). So relax!

Q#8: After I download my Will, can I go back and edit?
A#8:
You can edit an UNLIMITED number of times FOR FREE after you have completed your Will. After the first year, you will need to pay a nominal amount to continue editing and updating your Will.

Q#9: Does the Will-O-Matic come with the Power of Attorney Wizard?
A #9: At this time, the Will-O-Matic is a standalone product. It does not come with any other legal form. Those can be purchased separately on our website.

Q#10: Is a lawyer required to review, witness, sign or notarize my Will?
A #10:
There is no legal requirement for a lawyer to be involved in getting your Will done. But we always recommend that you get a lawyer involved if there are issues with your mental capacity, if you have a complex estate, if you have international property, if you need a lot of customization, or if you feel there might be infighting between your loved ones after you pass away. Notarizing a document means making a photocopy of an original, showing it to a Notary Public (lawyer or a Notary Public) and having them sign and seal the photocopy saying that it is a true copy. Courts will only accept an original copy. So having a notarized copy is just for record keeping.

Q #11: How do I finalize my Will?
A #11:
You can only have one (1) original Will. You must initial every page of your Will and then sign the last page (using your ordinary signature) in front of two (2) witnesses. Both witnesses must be adults (i.e. the age of majority) in your Province. No witness can receive any benefit, economic or otherwise, from your Will or be the spouse of someone who receives a benefit. After you have initialed every page of your Will and signed the last page, each witness must initial every page of your Will and sign the last page in front of you and the other witness. The witnesses do not need to know what is written in your Will.

Q #12: How do the Affidavits work?
A #12:
Completing the Affidavits is recommended but not mandatory for your Will. When you die, your Will needs to be legally verified by the Court (i.e. probated). Part of this process requires your two (2) witnesses to provide documents called “Affidavits”. An Affidavit is a document containing statements about how your Will was signed. Each witness swears on a Bible (or otherwise affirms) in front of a Commissioner for Taking Oaths in your Province that the statements in the Affidavit are true. Then the witness and the Commissioner sign the Affidavit. A Commissioner can be a Notary Public or a Lawyer in your Province. They may charge a nominal fee for commissioning the two (2) Affidavits (ranging from free to $30 or $40). To avoid problems associated with getting these affidavits from your witnesses after you die, your two (2) witnesses should sign these affidavits immediately after signing your Will. We have provided downloadable Affidavit templates which your witnesses can use. Simply complete these Affidavits on your computer, print them out and have your witnesses appear in front of a Commissioner to sign them. Keep the completed affidavits with your Will.

Q #13: Are there any additional costs associated with the Will?
A #13:
There is typically no additional cost which you must incur to complete your Will with our package.

Now, I say ‘typical’ because clearly, there are ADDITIONAL options which you may choose (some of which are recommended, but not mandatory) which MAY cost you a LITTLE extra. Here’s what I’m talking about: when we pass away, our Wills must be legally verified through the courts. The process is called probate. The courts will ask for affidavits (sworn statements) from the two (2) witnesses who saw you sign your Will. Well, to get those affidavits, your Witnesses will need to appear before a Commissioner of Oaths in your province and swear the affidavit.

Here’s the good news: the cost to have a Witness swear an affidavit in front of a Commissioner for Taking Oaths is not much. Furthermore, WE provide you with a downloadable template of the affidavit FOR FREE! This saves you time. Just download it, fill it out and have your witnesses take it to a Commissioner for Taking Oaths. After everyone signs, just ask for the affidavits back and keep them safe with your Will. We RECOMMEND you get this all done at the same time as you’re doing your Will (because your Witnesses might not be around or available when you pass away). FYI, a Commissioner for Taking Oaths can be a Notary Public or a Lawyer in your province.

Now, in addition to spending a few extra bucks on the affidavits, you may end up depositing your Will (with or without the affidavits) with the courts or government. Whether the courts or government will actually keep your Will DEPENDS on your province. Ontario has a system, for example, that allows you to do so. We don’t have anything to do with that. And there may be additional fees involves. This is all covered in the comprehensive eBook that comes with the Will kit (the one for Ontario, for example, is 73 single-spaced pages!).

So the bottom line is that our system is designed so that you do not have to have a lawyer involved in preparing, witnessing, reviewing, etc. the Will. There’s no legal requirement for a lawyer to be involved. We recommend getting the witness affidavits done – something that other service providers don’t even mention this the witness affidavits or give you an education at all (like we do with our eBook!).

Finally, it is always worth mentioning the following: if you have a complex or possible contentious estate, you should always consider paying extra for a lawyer’s involvement (if you can afford it!). They’re there to hold your hand and walk you through the traps. Find someone with experience and a solid reputation.

Q #14: Is the Will that is produced by the Will-O-Matic legal?
A #14:
A Will, regardless of who prepares it (even a lawyer), can still be challenged in court. Nobody – not even a lawyer – can guarantee that it will not be challenged. All that anyone can try to do is understand HOW Wills can be challenged and then try to prevent those challenges from arising.

So, for a Will to be valid in any province, there are some basic rules that must be followed. These rules are outlined in provincial Wills legislation (this is discussed in greater detail in the eBook that comes with the Will). These things include (but aren’t limited to): the making the Will must be over the age of majority with full mental capability, the Will must be written, the Will must be signed by the person making it in front of 2 witnesses (who acknowledge all of this and sign as well), etc.

So assuming these basic formalities are followed, then there is a better likelihood that a Will – wherever it is obtained or however it is created – will be enforceable in court.

With respect to our Wills, we provide free signing instructions at the end (that repeat the above information) and also provide an eBook (as previously mentioned) so that you can better understand how Wills are generally challenged and how you can avoid that with our Will.

Q #15: What happens to my Will after I sign it and have it witnessed?
A #15:
It is recommended to keep your original Will in a safe place (e.g. a fireproof box or a safety deposit box at a bank). Make sure that the person responsible for administering your Will has access to your Will. Tell your family that you have made a Will and where it is located. Depending on which Province you live in, you may be able to deposit your Will with the government (e.g. courts). You can read about this at the end of the downloadable eBook (.pdf) that comes with your Will.

Q #16: How do I update my Will?
A #16:
You should re-write your Will whenever your marital status changes (e.g. single, getting married, married, divorced, etc.), there are important changes in your financial position (e.g. you bought a new house), or there are significant changes involving your beneficiaries (e.g. births, marriages, name changes, separations, deaths, etc.).

Q #17: Can I use the Will-O-Matic to prepare a Will for someone else?
A #17: A Will is a written declaration of your final wishes concerning the transfer or distribution of your property when you die.You should not be using the Will-O-Matic to prepare a Will for someone else.Doing so could invalidate the Will (e.g. you pressured the person into transferring or dividing their property in a certain way) and make you liable for helping them prepare a Will when you are not qualified to do so (i.e. you are not a lawyer and do not carry errors and omissions insurance).

Troubleshooting Issues

Q#18: Help! My voucher code is not working!
A#18:
There may be a few reasons why your voucher code is not working:

  • The deal has not finished (we won’t receive the list of voucher codes until 24 hours AFTER the deal expires)
  • The voucher code was not entered properly (double check you’re entering it exactly as it is shown)

Q #19: Help! My Will won’t print!
A #19: This may be caused by one or more of the following issues:

  • You need to register an account with us, go through the Will-O-Matic, enter a voucher code or proceed to paypal and then click on the link that says “Click here to download your legal form”.
  • You need a .pdf reader on your computer, such as adobe reader or adobe acrobat. You can get those programs here.
  • You need to select the right printer in your print settings.
  • You need ink and paper in your printer.

Q#20: How do I edit my Will?
A #20:
Just sign in to your account and, under “My Legal Forms” and “Last Will and Testament” look for the “Edit” button.

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