FAQ | Wills and Estates BC

In addition to a Will, you may want to also consider preparing a Power of Attorney, a Representation Agreement and an Advance Directive. A Power of Attorney is a legal document that grants someone the authority to act on your behalf in financial and legal matters if you become incapacitated or are unable to make decisions for yourself. A Representation Agreement is a legal document that allows you to appoint a representative to make healthcare and personal care decisions on your behalf if you become incapable of making such decisions yourself. This document can include instructions regarding medical treatment, end-of-life care, and other personal care matters. An advance directive, also known as a living Will or personal directive, is a legal document that outlines your wishes regarding medical treatment and end-of-life care if you become unable to communicate or make decisions for yourself. This document can provide guidance to your healthcare providers and loved ones about your preferences for medical treatment, resuscitation, and other end-of-life care decisions.

Yes, you can always make changes to your Will after it is signed. These changes are typically made through a legal process called a codicil or by creating a new Will that revokes the previous one. It's important to follow the legal requirements for making changes to a Will to ensure that the changes are valid and legally recognized.

In British Columbia, there are certain legal provisions that protect the rights of spouses and children to inherit from an estate, even if they are disinherited in a Will. The Wills, Estates and Succession Act (WESA) sets out the rules for disinheriting someone in a Will. While you generally have the freedom to distribute your estate as you wish in your will, there are some limitations and considerations to be aware of when attempting to disinherit someone in British Columbia. Specifically, a spouse has legal rights to a share of the estate. Children also have legal rights to inherit from their parents' estates in British Columbia. If you disinherit a child in your Will, they may have the right to contest your Will and make a claim against your estate.

In your Will, you can make provisions for your minor children in British Columbia by appointing a guardian and creating a trust to hold and manage assets on their behalf until they reach the age of majority (19 years old in British Columbia). You can include specific conditions or instructions in your Will regarding how and when the trust assets will be distributed to your minor children. For example, you can specify that the assets be used for their education, health, maintenance, and support, or that the assets be distributed in stages at certain ages or milestones.

If you die without a valid Will, your estate Will be subject to the laws of intestacy, which are the default laws that govern the distribution of assets when someone dies without a Will. The laws of intestacy in British Columbia are outlined in the Wills, Estates and Succession Act (WESA). In the absence of a Will, your estate Will be distributed according to a predetermined set of rules that prioritize your closest living relatives. The distribution of your assets may not align with your specific wishes or intentions, and it may not be in the best interests of your loved ones. For example, if you have a common-law partner, step-children, or friends to whom you wish to leave assets, they may not be entitled to anything under the laws of intestacy.

In British Columbia, if you die without a Will and you are survived by a spouse or a spouse and children, your estate will generally be divided as follows: If you have a surviving spouse but no children, your spouse will inherit your entire estate. If you have a surviving spouse and one or more children, your spouse will receive the first $300,000 of your estate, as well as one-half of the remaining balance, and your children will inherit the other half of the remaining balance equally. If you have children but no surviving spouse, your children will inherit your entire estate equally. If you have no surviving spouse or children, your estate will be distributed to other relatives according to a specific hierarchy as outlined in the WESA.

Dying without a Will can result in added complexity, delays, and potential disputes in the administration of your estate. It may also result in unintended consequences and may not reflect your true wishes for the distribution of your assets. Therefore, it is highly recommended to create a valid Will to ensure that your estate is distributed according to your specific wishes and intentions.

In British Columbia, you can appoint an executor for your estate in your Will by including a clause in your Will that designates a specific person or entity to serve as the executor of your estate. The executor, also known as the personal representative, is responsible for administering your estate according to your wishes as outlined in your Will, managing your assets, paying your debts, and distributing your estate to your beneficiaries. You should also consider appointing an alternate executor in case the primary executor is unable or unwilling to serve.

Yes, you can include specific bequests in your Will in British Columbia. A specific bequest is a provision in a Will that directs the distribution of a particular asset or property to a specific individual or organization. This can include items such as real estate, personal possessions, money, investments, or any other type of property. You can also include conditions or restrictions on the bequest if desired, such as requiring the beneficiary to reach a certain age or meet certain criteria before inheriting the property.

In British Columbia, the requirements for signing and witnessing a Will are outlined in the Wills, Estates and Succession Act (WESA). The key requirements for signing and witnessing a Will include the testator (the person making the Will) signing the Will at the end of the document in the presence of two or more witnesses (who must be at least 19 years old) who are present at the same time. The witnesses should not be beneficiaries or spouses or common-law partners of beneficiaries named in the Will, as this could potentially invalidate the Will or affect the gifts to those beneficiaries.

In British Columbia, you can write your own Will, but it is highly recommended to seek the services of a qualified estate planning lawyer to ensure that your Will is legally valid and properly drafted. DIY Wills can be risky as they may not be properly executed or may not meet all the legal requirements, which could lead to unintended consequences or result in the Will being deemed invalid.

To ensure that your wishes are carried out in your Will in British Columbia, it is important to seek the services of a qualified estate planning lawyer to draft your Will. They can provide expert advice and ensure that your Will is legally valid, properly drafted, and reflects your intentions. In addition, be clear and specific in your Will. Make sure to review and update your Will regularly, especially when there are significant life events such as marriage, divorce, birth of children, death of beneficiaries or executors, or changes in your financial or personal circumstances. Choose reliable executors and trustees. Lastly, store your original Will in a safe place and inform your loved ones and key individuals how to access it when needed.

A Will in British Columbia typically consists of several key components, which may include information about the testator; a clause that revokes any previous Wills or testamentary dispositions made by the testator to avoid conflicts or inconsistencies; the appointment of an executor, who is responsible for administering the estate according to the terms of the Will; identification of the beneficiaries who will receive the testator's assets upon their death; if the testator has minor children, the Will may include provisions for appointing a guardian to take care of the children in case the testator and the other parent are deceased or unable to care for them; the testator may provide instructions for their funeral and burial arrangements; and a residue clause or a clause that addresses the disposition of any remaining assets that are not specifically addressed in the Will.

Creating a valid Will in British Columbia requires following certain legal requirements. For example, a will maker must have the mental capacity to create a Will, meaning you must be of sound mind and understand the nature and consequences of making a will. You should be able to understand the extent of your estate, the potential beneficiaries, and the distribution of your assets. A Will must be in writing and signed by you in the presence of two witnesses, who must also sign the Will in your presence. The witnesses must be at least 19 years old, and they should not be beneficiaries or spouses of beneficiaries named in the Will. A Will must also clearly state your wishes for the distribution of your assets, including the identification of beneficiaries and the assets they will receive. It should be free from any ambiguity or uncertainty that may lead to legal disputes. There are additional requirements to be considered valid – be sure to seek professional legal advice from a lawyer at DJJLaw to ensure that your will is properly drafted, legally valid, and meets all applicable legal requirements.

The purpose of estate planning and Wills in British Columbia (and in general) is to ensure that your assets and estate are managed, distributed, and protected according to your wishes after your death. Estate planning involves making decisions about the management and distribution of your assets, as well as appointing individuals to carry out your wishes.

Having a Will in British Columbia allows you to specify how you want your estate to be distributed after your death. Without a Will, your estate will be distributed according to the laws of intestacy in British Columbia, which may not align with your wishes. Having a Will ensures that your assets are distributed according to your specific wishes, which can include leaving assets to your spouse, children, other family members, friends, or charitable organizations. In addition, through a Will you can determine who will be the executor to manage the administration of your estate. You can also designate a guardian to take care of your minor children (if applicable) in the event of your death. Most of all, having a will provides peace of mind knowing that your wishes are clearly documented.

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An executor is the person or people that you chose to execute your wishes with respect to your assets after your death. An executor's role is to advise the beneficiaries that your Will is to be probated. Further, his or her role is to determine what your assets are, where they are located and their value. The executor then prepares the probate documents to be filed in court. After applying for probate, the executor's role is to distribute your assets amongst the beneficiaries. An Executor must also ensure that all of your taxes are paid and that all of the Canada Revenue Agency requirements with respect to taxes are addressed.

A person has the right to contest a Will. There are many reasons why a person may contest a Will, such as, if they feel they should be provided for, they feel they are entitled to a share in the person's estate, or they have not been named in the Will by the  person making a Will. In order to minimize the chance that someone will contest your Will, you should carefully think of all of your potential beneficiaries and ensure that you have provided for them. If you choose not to provide for a beneficiary, you should set out clearly why you have not done so.

For a Will to be valid in British Columbia, it must be in writing, must clearly set out the name of the person making the Will, and must be signed and witnessed by two people who will not benefit in any way from the Will.

Each individual needs to make his or her own Will. Many couples will prepare similar Wills also known as mirror Wills. Something for couples to consider when preparing Wills at the same time is whether their wishes are to take effect after both have passed away or only after one of them has passed away.

A Will deals with matters after a person's lifetime. Healthcare wishes can be set out in a Representation Agreement that can provide direction to your medical providers and your family of your wishes when you are no longer capable and able to express your wishes.

A Will should be updated whenever there is a significant change in your family. That change could include marriage or divorce, the birth of a child and/or the death of a beneficiary. Many people will prepare a Will after purchasing property, getting married, having children, and/or obtaining a divorce. In addition, many grandparents may choose to rewrite their Will to directly provide for their grandchildren. There may come a time in life when a person no longer has mental capacity, that is that they do not understand all of what they are doing. If such a time arrives, you will no longer be able to prepare a will.

It is in your best interests to set out your wishes in writing in the form of a Will as this becomes binding and enforceable upon your signing. If your wishes are not set out in a Will, there is a possibility that family members may not follow your instructions and may not divide your assets as you had wished during your lifetime. Setting out your wishes in writing avoids confusion and conflict.

People decide to prepare a Will for many reasons. A Will addresses your funeral wishes as well as who is to receive your assets, which includes your personal effects, household contents, your bank accounts, your investments, your insurance, your business and anything else that you may own at the time of your death. For parents, a will ensures that the person they wish to be guardian of their children is in fact appointed the guardian . A Will puts your wishes in writing so your estate can be handled and distributed the way you wish.

In British Columbia, if you do not have a Will, your assets are divided amongst your family members based on a formula determined by the legislation in place from the Government. By preparing a Will, you have the opportunity to determine exactly who is entitled to receive your assets.

In British Columbia, if an estate is worth over $25,000, probate fees of 1.4% must be paid to the Provincial Government before the inheritance can be distributed.