How to Make a Will in Canada: Willful vs. Lawyer Comparison - YouTube

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Hey guys, Jessica here and thank you so much for joining me on my channel for
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this video. I want to dive into a topic that a lot of people don't like to talk
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about or think about because it's sort of morbid. What I'm talking about is
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getting a will done. It sounds like something that you should do, yet most people
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don't do. Actually, there are some crazy stats out there that say basically the
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majority of Canadians do not have a will and that is not okay.
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I'm gonna explain what it means if you die without a will and I'm also gonna
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show you what you can do to get a will done for not a lot of money in a very
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easy and legal way. So, I know getting a will may not be on your radar because
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maybe you think "Oh I'm too young" or "I don't have enough money" or whatever the
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case. I'm gonna first share this very important list with you that shows you
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if you are in any of these categories you need to get it will. Now, if you don't
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fit into any of those categories, I would still suggest maybe looking into getting
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a Power of Attorney. So, if you are incapacitated or something happens to
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you and you cannot make decisions on your own you need someone else to do
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that for you, that is what a Power of Attorney does. It is not very expensive,
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but definitely something that you should look into if you aren't ready to also
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get a will. Talking more specifically about getting a will, there's a couple
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different ways you can do it. I'm going to talk about two different ways in this
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video: the old-school way and the new-school way. Now, both ways are totally
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fine and they're basically, in my view, one isn't necessarily better than the
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other. Going the old-school way is a bit more expensive, but it allows for more
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customization. If you have a very complex estate situation, that is definitely the
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route should go. If you have very simple will needs, doing the kind of
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new-school digital way is totally fine in my opinion. Now, I actually wrote a
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blog post on this topic, so I'm gonna link it in the description if you want
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to check it out. But let's talk about the differences between using a traditional
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estate lawyer and using Willful. So, I'm gonna be totally
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transparent, I got my will going the old-school way. I hired an estate lawyer.
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Me and my husband paid I think in total $1,100 for two wills and Power of
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Attorney documents and the process was pretty seamless. It was a bit
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inconvenient in that we had to go to their office to sign all of the
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documents during the day because they were only open during business hours so I
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did have to take some time off work, he's self-employed so that wasn't that big of
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an inconvenience, but for me it was actually kind of a big deal. So, that was
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sort of annoying and the cost, yeah, $1,100! Not super cheap and really at the
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end of the day what they just gave us was they provided us with a template.
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We had to kind of fill out some of the details and then we went to their office
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and signed everything. It probably took us total two hours and at the end of the
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day it was like a very simple will that cost us $1,100! I don't regret it because
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now we are protected we have a will in place if something happens, but learning
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about some different options I may have gone a different route. Now, to be fair
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Willful did not exist the year that I got a will done. We got it in 2016,
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Willful has only been around in Canada since 2017. It is very new but comparing
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my documents that I got from my lawyer to what is provided in Willful,
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they're very comparable. And Willful is a fraction of the cost. Not only
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that, when you use a lawyer, and again not bashing lawyers, I'm glad I went with one.
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if you want legal advice, if you want some you know really personal
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one-on-one interaction with somebody that you can ask questions with and if
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you just need or have complex needs, if you have a very convoluted situation,
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go with a lawyer. If you have a very simple situation, in my view, if I could
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do it again, I would use Willful. And this is not a sponsored video at all. I
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just did my due diligence. I looked at their program and this is something that
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I would personally recommend to friends and family, and if I could do it over I
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would use Willful. What is really interesting I think, for me, the biggest
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thing is for Willful right now if you use their platform you can make updates
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and changes for FREE forever. I think they'll probably eventually cap
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on that because that's a crazy deal because if I want to make any updates or
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changes to my will, which I will need to because what if I have kids, my older
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sister is having a child, maybe I want to put that child in my will, what if I get
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divorced or there's lots of different scenarios where I will need to
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update my will, it will cost me $250 per hour to hire that lawyer to make any
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updates. That's not cheap. With Willful, it is absolutely FREE. Now, one question that
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keeps popping up when I talk to people about this is a lot of people think that
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using a program like Willful or any other kind of like Do-It-Yourself will kit,
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they're afraid that it will not basically be a legal will and testament.
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Whereas when you're using a lawyer, for sure, totally legal.
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Well, here's the thing, in Canada you do not have to use a lawyer to make a legal
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will and testament. Absolutely not. Again, like I mentioned, they just gave me
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a template to use that they drafted up and I just filled it in and then we all
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signed it together, the two lawyers at that office were my witnesses, and that
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was kind of it. So, if you were to do something like Willful you would get
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that template, you would fill it out then you would have to find those two
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witnesses that have nothing to do with your will (they're not beneficiaries, you
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can't pay them, they have to be completely objective) and then it becomes
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a legal will and testament. It's really important to understand this because I
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feel like a lot of lawyers will chime in being like I wouldn't do that. Here's the
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thing, you can absolutely use some sort of DIY will kit or Willful to create a
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legal will and testament and Power of Attorney documents. So that is just
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something I really want to drive home because there's a lot of misconceptions
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about that, but no, you do not need to use a lawyer in order to make a legal will.
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Another thing I see a lot on other blogs and forums about making your own will is
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people are worried that if you use a DIY will kit or Willful, that there's a
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higher chance your will will be contested in court by beneficiaries or
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people that thought they were gonna be in the will and they're not, as opposed
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to if you were to use a lawyer. That is not the case. I think if your will is going
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to be contested it doesn't matter if a lawyer drafted it up or you used Willful
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or something like that. It will just be contested, so there's no basically benefit in that
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respect to using a lawyer over Willful. Also, and maybe this is just me being
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like who gives a crap because you will be dead. You will not know that it's
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being contested you will be long dead so that's just like something I'm like I
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don't really give a crap if my will is contested because I will be dead. That's
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just me being a little bit morbid though, sorry about that.
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Another question I see a lot is well, you know, I can make a mistake if I'm doing
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it DIY, there's a likelihood that I can make mistakes, I am NOT an estate lawyer.
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If I hire someone, then there's maybe a less likelihood that they
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will make a mistake. Yeah, that's probably true, they are an estate lawyer. They are
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experts in that field. You are not a legal expert. But when it comes to again
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really driving home this idea of a SIMPLE will, not a complex will situation,
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it's very straightforward. I read all of my will documents and compared it to
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Willful and yeah it's not that complicated. It's pretty like, it's pretty
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clear and pretty just straight to the point. So in that respect, I mean yes
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there's always the chance of human error if you do it on your own, but there's
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also the chance of human error on the lawyer's part, you know what I mean? I mean
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people make mistakes, but again, if that is a concern of yours, then just hire an
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estate lawyer. So, now I want to give you a view on what Willful looks like if
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you're in the program. To me, it reminds me actually a lot of, you know, just
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online tax software, which I kind of like. So, it just walks you through all the
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different steps you need to take and then the last kind of thing to make it a
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legal will is you have to print those documents, you have to get two witnesses
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to sign them, you have to keep the originals, you can give copies to some
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beneficiaries or those witnesses or whoever you want. Make sure that you keep
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your will, and this is like if you go with a lawyer or use Willful, keep it
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someplace safe. Some people store it in a you know safety deposit box at a bank
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or just a safe space in your home, someplace that it won't burn up in
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a fire basically. But I say definitely make sure that you give copies to some
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important people that you know they will need a copy if you die. Okay, first things
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first obviously is go to Willful.co, the website for Willful. You're gonna want to
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scroll down to the middle section of the website, there's a ton of info, but I'm
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just gonna show you the prices so you know the different tiers. The prices you
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can expect obviously very cheap compared to going to a lawyer. There's also a blog
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under at the "Learn" tab, but let's get to it see what it looks like inside. So
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it'll ask you some personal details about your name and your birthday. I'm
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not gonna tell you but I'm sure you can find out my age. What gender do you most
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identify with. What your marital status is. For this example, I'm going to keep it
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very simple and just pretend I'm like single because married or common-law you
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have to do the other person's, so I'm not gonna do that. Do you have any children?
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No. Do you have any pets? I do not. Do you rent or own your home? I currently
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own my home. And then it asks you what kind of plan do you want, so that's why
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we look at the prices first. There's obviously the Premium and Couples. For
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this example, I'm just gonna choose Essentials, just the basic plan. But you
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can just toggle between them to see the differences and
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whichever plan you want to choose. Then it's like, let's get to work. Let's really
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do this. Let's make a will! So, first you're gonna identify who you want as
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your Executor, which is very important. You can choose of course more than one
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person. Next, what is your final resting place? What do you want happening? I'm
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going to choose cremation myself, but there's lots of different options, so
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definitely take your time and think about this. Then where do you want, for me
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I'm gonna be cremated, where do I want my ashes to go? Then what kind
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of ceremony do you want? Do you want a funeral? I want something more fun like a
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wake or a celebration, so that's what I would personally like. That's what I'm
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gonna choose. Next, what kind of gifts do you have? Specific gifts that you want to
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give to beneficiaries, like a fancy painting that you bought somewhere. It
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could be whatever you want and however many as you want so this is where you
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would put that information. If you want to make any charitable donations to a
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specific charity, this is where you would do that. Which i think is actually pretty
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cool. How would you like to allocate your estate after you're gone? And
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then you get to choose if you want to give it to a charity or just specific
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people, dependents, family, friends, whatever you like.
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Next, it's asking you some information about your beneficiaries. You know, if one
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of your beneficiaries predeceases you, like dies before you die, what do you
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want to do? Either go directly to their children or you can divide it among your
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other beneficiaries? And if you have any beneficiaries that are under 18, you
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got to figure out what to do with that inheritance money. Do you want
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to wait until they are 18, 21, or 25 before they receive that full
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inheritance? And that is it. I know, I went just like super, super fast just so you
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got a feel for it. So, definitely don't go as fast as I did. Take your time,
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especially if you have a spouse too or a partner you're gonna want to have some
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conversations about some of these things and it's actually kind of interesting,
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you know, going through the process and then really having a good think about
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this because I guarantee you've probably never thought about, you know, what
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do you want to happen to your body or what kind of celebration
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or ceremony do you want after you die? It's, you know, depending on your age,
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you maybe have never thought about it, but it's just so important to get it done
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and have a think. But yeah, it's pretty straightforward and simple. And there you
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go! That is what Willful looks like. If you want to try it out you can try it
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out for free, you can go through the whole process, you can see that I did
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that myself and I already have a will, so I did not use Willful to get a new
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will. There's no point I think, unless I want to make a brand new will or make
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some changes to what I currently have. So you can try it out for yourself and
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just see how it works for free. But if you do want to actually move forward and
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get it, I highly recommend that you use a promo code to save a little money and
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guess what I have a promo code. So, if you use MOMONEY15 you can save 15% off on
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any will package. So my tip for everything ever, if you're ever buying
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something online, always see if there's a promo code so you can save a little bit
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of money. Thank you so much for watching this kind of review and tutorial on
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using lawyer vs. using Willful. I hope you enjoyed it. Make
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sure to subscribe to my channel, like and comment below. Let me know what you think.
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If you have any other questions about wills or estate planning, I would love, I
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would love to know! So please include them in the comments. Thanks again for
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watching and I will see you next time!