Xref: utzoo comp.sys.ibm.pc:30824 misc.legal:9508
Newsgroups: comp.sys.ibm.pc,misc.legal
Path: utzoo!lsuc!dave
From: dave@lsuc.on.ca (David Sherman)
Subject: Re: "WillMaker" software
Reply-To: dave@lsuc.UUCP (David Sherman)
Date: Thu, 29-Jun-89 22:50:29 EDT
Summary: would you take out your own appendix?
Message-ID: <1989Jun29.225030.1344@lsuc.on.ca>
References: <7705@cbnews.ATT.COM>
Organization: Law Society of Upper Canada, Toronto

In article <7705@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes:
>I wonder if anyone has any experience with software for making and maintaining
>a will.  In particular, I've heard about one called WillMaker, by Nolo Press.
>Does anyone have any experience with this or any other package, or any thoughts
>on making up your own will vs. using a lawyer?  Thanks.

Use a lawyer.

Software for making wills can pull together clauses that work
in the right context.  But no software, even "intelligent"
document modelling software, should be used for such purposes
unless you can be sure that the software can identify the right
context.  There are too many variables involved in making a will.
Sure, you can get it to give you wording to leave your piano
to your niece and the rest of your estate to your brother.
But will it pick up on the implications of your particular
fact situation, that suggest you need more careful tax planning,
or some unusual adjustment to your estate plan?  Or that
the executors or trustees you're naming won't work for one
reason or another?

I have written a document model to handle complex transactions
(tax-based transfers of assets to corporations).  Even though
the model was developed using the best document modelling software
around (Legalware), and is recognized as the most advanced use of
that software in existence in terms of the customization and
sophistication of the analysis and recommendations it gives,
I would never suggest that it be used by a neophyte.  Such tools
are excellent when used by those with legal training, but
dangerous when you don't really know what you're doing.

At least in Ontario, most lawyers charge relatively low
fees for doing wills.  (They hope to make it back on
handling the probate for the estate.)  Go see a lawyer.

David Sherman
The Law Society of Upper Canada
Toronto
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