Will kits - yech!
If you follow the instructions, like as not you will end up with a valid Will, but is it going to do what you want it to?
The difficulty isn't in creating the form and having it signed and witnessed properly, it is in making sure it is both appropriate and capable of adapting to circumstances that might change.
As to the Wills Variation Act - all provinces and most other jurisdictions have some form of "dependents relief" legislation. The requirements vary, however, in each jurisdiction. In BC, for instance, the importance of "need" is much less than in some other jurisdictions.
Only certain parties have standing to make a claim for variation of a testator's (that's the person making a Will) Will - in BC that includes children (both born to the testator and adopted by the testator, but not step-children or foster children) and spouses (legally married or so called "common-law"). Recent changes in legislation also give rights to same-sex partners.
Wills variation actions only affect what is actually in the estate - a joint tenant interest in a bank account is not, except in rare circumstances, part of an estate.
Giving a dollar to someone doesn't cut it - in fact it is probably more likely to result in a challenge than no gift at all.
Testators can satisfy their obligations outside a Will - either through gifts during life or arrangements like having assets in joint tenancy - but care needs to be taken.
Most of all, don't use a Will kit.
The benefit in talking to people ahead of time is that you are less likely to assume something about them that turns out to be wrong after you are gone.
It is especially important to talk to a potential executor, because it truly can be a thankless job, and executors are not bound to act - they can refuse the job!
If they truly are a friend, you may not want to do this to them!
Finally, there are two classes of professionals who are entitled to prepare Wills (in BC) for a fee - lawyers and notaries.
Very few notaries have estate planning experience or expertise, and notaries are prevented, by law, from providing legal services to estates and executors needing assistance with the administration of estates. By law, notaries are only allowed to prepare "simple" wills. Keep that in mind if you are considering whether to use a notary's services.
With respect to lawyers, while many do prepare wills, many don't as well. Make sure you deal with someone who prepares them regularly.
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