Wills & Estate Planning

Your will governs the distribution of your estate after your death. A will is crucial to ensure that your assets are passed down to your chosen beneficiaries, and that your executor is the person you intended to handle your estate.

Without a will, your estate is distributed to your next-of-kin in accordance with the rules of intestate succession. In this situation, the persons who ultimately receive your estate may not be heirs that you wished to benefit, and the estate administrator may not be the person you would have chosen.

Your will should cover other issues relevant to you, such as appointing a guardian for minor children, setting up a testamentary trust for minor children or beneficiaries with disabilities, and making bequests of sentimental items or cash amounts to specific individuals or organizations.

In addition to preparing your will, I can advise you on topics including:

• assets that may pass outside of your estate, such as jointly-held property, registered accounts, life insurance, and similar assets with beneficiary designations;
• options for addressing complex family situations, including blended families and estranged relationships;
• appointing a trust company as executor and trustee; and
• if you own foreign property, a strategy for making a will restricted to your Canadian estate (in conjunction with advice from your foreign estate planning advisor).

Your power of attorney appoints another person to manage your financial affairs, including your property and business, in the event that you become incapable of doing so independently. Your spouse does not automatically have the authority to handle your affairs without a power of attorney in place, except to the extent of certain joint assets.

Your representation agreement appoints another person to make medical and personal care decisions on your behalf in the event you are unable to do so. It can also set out your expressed wishes, if known. These can include end-of-life care decisions as well as your living situation, diet, activities, and other personal matters. These agreements are sometimes known as "living wills" or personal directives.

The time for incapacity planning is before illness, injury, or age robs you of the ability to plan for these contingencies. I can work with you so that your incapacity planning documents are legally effective while also aligning with your wishes and values.

Probate is the process by which a will is confirmed by the Court to be the valid last will of the deceased. Although there is no freestanding legal requirement to probate a will in British Columbia, it is often required by third parties who hold the deceased's assets before they will release those assets to the executor. These entities include the Land Title Office, banks, investment companies, and ICBC. A grant of probate is the paper document certified by the Court at the end of this process, which provides written authority for the executor to act.

Whether you need assistance with applying for a grant of probate, managing the beneficiaries' expectations, transferring the assets of the deceased, or handling an estate with no will (intestacy), I can provide you with ongoing advice and direction. If you prefer to do most tasks yourself and have me review your documents or communications when necessary, I can be available on an as-needed (limited retainer) basis.