Wills
A will is a written document that sets out what should happen to your property after you die. In British Columbia, wills and estates are governed by the Wills, Estates and Succession Act, usually shortened to WESA.
A will lets you decide the things that matter most:
- Who carries out your wishes
- Your executor is the person you name to gather your assets, pay any debts and distribute what remains. Many people also name a back-up executor in case their first choice cannot act.
- Who receives your estate
- Your beneficiaries are the people or organizations you choose to receive your property. A will can leave specific items, set percentages, or provide for a beneficiary over time through a trust.
- Who cares for your children
- If you have children under the age of majority, your will can name a guardian to raise them and can set out how money is to be managed for them.
If you die without a will, WESA decides who receives your estate and in what order. That order may not match what you would have chosen, and it can leave your family with more work and less certainty at a difficult time.
Why a professionally drafted will matters
A will has to be signed and witnessed in the way the law requires, and its wording has to be clear enough to be carried out years from now. Small drafting problems can lead to disagreements, delay or a result you never intended.
We take the time to understand your family and your assets, explain your options in plain language, and prepare a will that reflects your wishes and can be relied on when it is needed. If you already have a will, we can review it and tell you whether it still does what you want.
Powers of attorney
A power of attorney is a document in which you appoint someone to manage your financial and legal affairs on your behalf. In BC, the person you appoint is called your attorney, even though they do not need to be a lawyer. Many people choose a spouse, an adult child or a trusted friend.
An enduring power of attorney is one that continues to be effective if you later become unable to manage your own affairs. It allows your attorney to do things like pay bills, deal with your bank, manage investments and sign documents relating to your property. Without one, your family may have to apply to the court before anyone can act for you.
A power of attorney deals with money and property only. It does not give your attorney the authority to make decisions about your health care or where you live. For those decisions, BC uses a separate document: a representation agreement.
Representation agreements
A representation agreement lets you appoint a representative to make health-care and personal-care decisions for you if you cannot make them yourself. Personal care includes matters such as where you live, the care you receive and your day-to-day arrangements.
Different forms of representation agreement give a representative different levels of authority, so it is worth talking through what you want your representative to be able to decide. Many people put an enduring power of attorney and a representation agreement in place at the same time as their will, so that one person or a small group of people is ready to act for them in every situation.
Probate and estate administration
When someone dies, their executor takes on the job of winding up the estate. That usually means locating the will, identifying and valuing the assets, notifying beneficiaries and others entitled to notice, paying debts and taxes, and finally distributing what remains to the beneficiaries.
Probate is a court process that confirms a will is valid and confirms the executor’s authority to deal with the estate. In BC, the executor applies to the Supreme Court of British Columbia for a grant of probate. Banks, the Land Title Office and other institutions often require a grant before they will release assets or transfer property. Not every estate needs probate; it depends on what the deceased owned and how it was held.
If there is no will, a family member or another eligible person can apply to the court to be appointed administrator of the estate. The role is similar to that of an executor, but the estate is distributed according to WESA rather than a will.
Being an executor is a real responsibility, and most people have never done it before. We help executors and administrators understand their duties, prepare and file the court application, and work through the steps in order. We also help families and beneficiaries who have questions about an estate.
When to review your will
A will is not a document you sign once and forget. It should be reviewed whenever your life or your assets change in a meaningful way, for example:
- you marry, enter a new relationship, separate or divorce;
- a child or grandchild is born or adopted;
- you buy or sell a home, land or a business;
- an executor, guardian or beneficiary named in your will dies or is no longer the right choice;
- you move to British Columbia from another province or country; or
- your financial circumstances change significantly.
Some of these events can change how your will is read under BC law. Separation or divorce, for example, can affect gifts to a former spouse. If any of these apply to you, it is a good idea to have your documents looked at.
Common questions
Do I need a lawyer to make a will in BC?
The law does not require it. But a will is only reliable if it is signed and witnessed in the way the law requires and if the wording clearly says what you mean. A lawyer can also help you think through questions you may not have considered, such as what happens if a beneficiary dies before you, or how a gift to a young child should be managed.
What happens if I die without a will?
Your estate is distributed according to the rules in WESA. In general terms, the law gives priority to a spouse and children, and then to other relatives in a set order. Someone will usually need to apply to the court to be appointed administrator before they can deal with your assets, and WESA sets out who has priority to apply, so the choice may not be the person you would have picked.
What is the difference between a power of attorney and a representation agreement?
A power of attorney covers your finances and property. A representation agreement mainly covers your health care and personal care. They are separate documents in BC, and you can name the same person or different people in each. Together with a will, they form the core of a complete estate plan.
Getting started
The first meeting is a conversation about your family, your assets and what you want to happen. It helps to bring a list of the people you are considering as executor, attorney, representative or guardian, along with a general picture of what you own.
What to bring to your first meeting
We have put together a short checklist for wills and estates matters so you know what to gather before you come in.
General information, not legal advice. This page describes BC law in general terms and does not address your particular circumstances. Please contact us to discuss your situation.