NewsTalk1010 Radio

Following up on our recent story in the Globe and Mail, I was fortunate enough to be interviewed by John Tory of NewsTalk 1010 Radio (“The John Tory Show“). Here’s the clip:

Globe and Mail

Rob Carrick wrote this story about our Will-O-Matic system in today’s Globe and Mail:

Here’s a link to the article on the Globe and Mail‘s website:

Here’s the article:

Estate Planning

Wills: Click your way to a no-fuss legacy

ROB CARRICK | Columnist profile | E-mail

From Tuesday’s Globe and Mail

Published Monday, May. 14, 2012 7:45PM EDT

Last updated Tuesday, May. 15, 2012 6:46AM EDT

The weirdness about wills must stop.

A will is an instruction manual for your survivors on how to take care of your kids or other dependants, and what to do with the money and assets you’ve accumulated through your hard work. You’d think people would naturally take an interest, but not always.

The people behind TitlePlus, a title-insurance product sold to home buyers, sponsored a recent survey whose results suggest that a little more than half of Canadians don’t have a signed will. The Canadian Imperial Bank of Commerce issued survey results last week indicating that 31 per cent of people between 45 and 64 don’t have a will.

Honestly, people. What gives?

Okay, wills are a morbid topic. That’s part of the explanation of why they’re sometimes ignored or neglected. But cost is also a factor. The latest survey by Canadian Lawyer magazine suggests that a simple will costs $369 on average and a complex will would run just over $1,000. A downtown law firm would quite likely cost you more.

Paying something in the area of $400 seems reasonable for a document as important as a will, but let’s say that’s too much for you. For under $50, there’s always the will kit option.

Try a Google search along the lines of “will kits Canada” and you’ll find plenty of products that you can buy online. What they all have in common is a thumbs-down response from Jean Blacklock, a lawyer who co-wrote a book called The 50 Biggest Estate Planning Mistakes … and How To Avoid Them. “The missing piece in each of them is the connection between one’s own affairs and the law,” she says.

See a lawyer and you get both a will and legal advice. Use a will kit and you just get the will.

One of the latest kits aims to overcome this shortcoming. It’s called Will-O-Matic and it was developed by lawyer Michael Carabash to work much like tax software, where you’re guided through an online process with lots of prompts and information, and print out your documents at the end.

“I was sitting two years ago in front of TurboTax doing my taxes online,” Mr. Carabash recalls. “My cousin said, ‘You should do something like this for legal forms.’ ”

Will-O-Matic was launched in January and has sold 6,000 copies, Mr. Carabash says. The cost if you buy it through his website, Dynamic Lawyers, is $97 per person, but promotions through online deal networks like WagJag have put the price as low as $24.

Mr. Carabash dismisses 90 per cent of will kits on the market today for being deficient in three areas. One, they don’t reflect the nuances of provincial law (Will-O-Matic works in most provinces).

Two, they’re too simplistic and don’t offer enough options to users. For example, a kit might handle the question of how to dispose of your assets after death by providing boxes into which you’d type a person’s name and a percentage of the assets you want them to get. “But what if I want to do something more than that?” Mr. Carabash says. “What if my spouse dies – where does the money go from there? What if I want to give equally to my children, but one of my children pre-deceases me?”

The third deficiency, according to Mr. Carabash, is that will kits may not use the precise language required for wills to be effective in the hands of lawyers and judges.

Mr. Carabash developed Will-O-Matic out of his work in estate planning for his dentist clients (he specializes in legal services for the dental profession). He started by writing an e-book on wills, then built it into an online will kit that strives to be more comprehensive than the competition.

As comprehensive as Will-O-Matic is, it’s still a will kit to Ms. Blacklock. While she believes there are simple situations where will kits make sense, the user has no way of knowing whether he or she is missing a detail that will cause problems later on.

For that reason, she suggests people use a will kit, then take the completed document to an estate lawyer to have it reviewed. “You could say something like, ‘Your usual fees are $600 – I can’t afford that, but can you review this document for me for $200?’ ”

Will lawyers actually do that? “I think a lot will say no,” Ms. Blacklock says, “but it’s worth taking a crack at it.”

For more personal finance coverage, follow me on Twitter (rcarrick) and Facebook (Rob Carrick).

Mitch Kowalski’s new book: “Avoiding Extinction: Reimagining Legal Services”

I was privileged enough to see Mitch Kowalski (commercial real estate lawyer, legal futurist, Financial Post Legal Post author, and now author of “Avoiding Extinction: Reimagining Legal Services in the 21st Century”) give a presentation at Law Tech Camp at U of T this past Saturday.  Wow, did he deliver!  He completely shocked certain members of the audience who were still fixated on hourly billing and the importance of having articling students.  Legal process outsourcing, fixed fees with financial incentives, and the divide between what law firms and clients want were all discussed.  Mitch also presented with Omar Ha-Redeye and Garry Wise about legal ethics in a digital age (where everything seems to be quite grey and arguments could go either way).

I also picked up Mitch’s new book, “Avoiding Distinction: Reimagining Legal Services in the 21st Century”.  It’s a quick and engaging read.  It’s written in the format of a story about corporate counsel trying select a law firm based on specific criteria that are important to them (e.g. fixed fees, responsive, understanding of their business, green, etc.).  Enter a fictional law firm of the future (which may already exist somewhere?).  Conventional  models of delivering legal services are challenged.  New ideas are perused and advanced.  And it’s all done within 150 pages.  Well done Mitch!

I picked up my copy for $35.

Blawgers Meetup in Toronto

Thanks go out to Garry, Mark, Omar and everyone else for organizing another successful Blawgers meetup in T.O.:

Roll Call
(on Left):

• Jessica Gonzalez
• Omar Ha-Redeye of Fleet Street Law and My Support Calculator
•  Joshua Slayen of Legal Linkup
• Simon Fodden of Slaw
• Me of Dynamic Lawyers
• Colin Lachance of CanLII

(on Right):

• Mark Robins of Lawyer Locate
• Chris Jaglowitz of Gardiner Roberts
• Pei Shing Wang of PSW Law
• Damion Kraemer
• Garry Wise of Wise Law
• Andrew Feldstein
• Barry Sookman of McCarthy Tetrault

(Not in photo but present)

• Bob Tarantino of Entertainment & Media Law Signal
• Mitch Kowalski of the Legal Post

Will-O-Matic Frequently Asked Questions…

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

Questions about Us:

Q#1: Who is Dynamic Lawyers Ltd.?
A#1: Dynamic Lawyers 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 Lawyers 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 Lawyers 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).  We are also an accredited Better Business Bureau business.  We’ve sold over 5,000 vouchers to our Will-O-Matic in 2012 and we have many testimonials from happy customers (and they keep on coming).  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 $369 in legal fees to produce a simple Will in 2011, our Will-O-Matic system costs only $97 plus tax – and better still, you can purchase vouchers for only $24 from time to time from daily deal websites!

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 couple or 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 individuals and couples with blended families, 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 (e.g. $24) to continue editing and updating your Will.

Q#9: Does the Will-O-Matic come with a Power of Attorney or Living Will?
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.).

Troubleshooting Issues

Q#17: Help!  My voucher code is not working!
A#17: 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 #18: Help! My Will won’t print!
A #18: 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#19: How do I edit my Will?
A #19: Just sign in to your account and, under “My Legal Forms” and “Last Will and Testament” look for the “Edit” button.

Q#20: I missed the deal!  Can I still get it for $24?
A #20: If you are signed up for a daily deal website we have run the deals on in the past, you will likely get an email notification of when they go on sale again.  Don’t miss out!  Sorry, but we can’t sell these legal forms to you directly.

CTV News

I am very happy to announce that Pat Foran of CTV News Consumer Reports did a story about online Wills that featured our Will-O-Matic system.

Here’s the link to the full segment on CTV News:

Just look for online Will Kits.

Alternatively, you can watch it on YouTube:

Last Will Testimonial

Dynamic Lawyers Will-O-Matic Review:

Here’s a recent testimonial from someone who used our Will-O-Matic system to create their own Will:

“I bought a voucher for my husband to use to create his will, and he asked me to get it started for him so I did. Turns out I not only got it started, but was able to finish the basic document in only a few minutes – the Wizard is really easy to use! I created my own will through another service and it took much longer, and sometimes I didn’t know what answers to put. But the dynamic lawyers system is a lot easier because the questions are yes/no and those that require longer answers, give you several suggestions to pick from in plain English. Depending on the answers, more questions come up, which really makes you consider your answers carefully. It was all very clear and very easy to build on for the future. Plus they allow one year for edits – so my husband can go in and get more specific with things without being under the gun for time. I would recommend this to anyone who doesn’t have a will; I’ve seen firsthand what can happen when a death occurs in a common-law couple and there is no will – it can be devastating for the surviving partner to deal with not only grief but having to sort out financial affairs, defend against other claims on the estate etc. If you don’t have a will, protect yourself by going to dynamic lawyers!”

Nicole from Toronto

Rogers Radio (e.g. 680 News, CFRB1010, etc.) features Dynamic Lawyers’ Will-O-Matic Software

I am very happy to announce that our radio ads were featured on Rogers Media Radio (e.g. 680 News, CFRB1010, etc.). Here is the commercial (just click on the link and it will open up an .mp3 for you to listen to our ad):

Techvibes features Dynamic Lawyers’ Will-O-Matic System

Many thanks go out to Techvibes‘ contributor Dan Verhaeghe for his article “Dynamic Lawyers Offering Canadians Will Software For Far Less Than Standard Lawyer Fees“, which is reproduced as follows:

Dynamic Lawyers continues to try to change the way lawyers do business with their own technological solutions.

In 2011, the average Canadian lawyer charged $369 for a simple will according to Canadian Lawyers Magazine. Wills are important because if you don’t have one and tragically pass away earlier than expected the government could seize your assets rather than it being passed on to your family, closest relatives or the people you love.

The President and Founder of Dynamic Lawyers Michael Carabash has an affordable solution recently releasing the most advanced online will-making software for every Canadian and you can even get the software for $24 on Rdeals this week, 78% off the normal price.

The software allows users to quickly and conveniently create a custom-tailored downloadable will in a PDF while guiding the user through the questions associated with creating a legitimate will.

Carabash also says that he provides free signing instructions (to reduce the likelihood of the will being entered into improperly), free witness affidavit templates (to facilitate the probate process), and comprehensive eBook about wills for the user’s province (the one in Ontario is 73, single spaced pages). To have the latter included bonuses produced by a lawyer would run in the hundreds of thousands of dollars, apparently.

Dynamic Lawyers has sold 3,000 “Will-O-Matics” through various daily deal sites since January 2012. The company also offers other online software for a variety of other common legal affairs.  Further, they were featured on Dragon’s Den in 2011 and you can check out that video here.

About Techvibes:

Techvibes describes itself as Canada’s leading technology media property.  Originally founded in 2002, Techvibes is dedicated to covering social, mobile, and startup news that impacts Canadians. Their editors and nationwide network of reporters combine breaking hyperlocal news with international coverage to deliver a unique balance of insight and information. New in 2012, Techvibes is also the host of the annual Canada Startup Awards.  The Techvibes community boasts tens of thousands of followers across their social media channels and their news site experiences hundreds of thousands of unique visitors per month.

National Post mentions our Will-O-Matic system…

Many thanks go out to Mitch Kowalski for featuring our Will-O-Matic system in the National Post.  Here’s the article in full:

Mitch Kowalski, “Canadian lawyer-entrepreneurs continue to create new products“, National Post, Financial Post Blog (17 February 2012):

Last week we mentioned a new web service to calculate the amount of spousal and child support that may be payable in the event you decide to terminate your marriage.

Now, you can create your Will online through a new automated Will creation system.  According to creator Michael Carabash, Will-O-Matic is the most advanced, comprehensive and flexible software in Canada for creating simple Wills.  ”We’ve sold over 3,000 of them since January 2012,” he said.

With the Canadian market responding well to his offering, Carabash has now set his sights Down Under.  ”We’re currently working on expanding our Wills to Australia in the next few months  - doing the research now.  It’s interesting to note how similar their laws are to ours.”

Once again Canadian lawyer-entrepreneurs are making legal services more accessible to the public.