Wills and Estates

Having a Will is arguably one of the most important things you can do for yourself and your family.
We proudly provide the following services to our clients:

• Wills drafting
• Estate planning and consultation

Top 10 Reasons to have a WILL

A Will can speak for you and spell out exactly how you would like things handled after you have passed on. It provides legal protections to your loved ones and ensures that they receive proper distribution of your assets and the care they deserve according to your wishes. Here are the top 10 reasons why you should have a will.

1. You decide how your estate will be distributed – The Wills, Estates and Succession Act (WESA) provides a prescribed distribution scheme of your estate when you die intestate (without a will). If you want your assets to be distributed the way you want, you should specify it in your will.
   
2. You can name your beneficiaries – A Will ensure that your assets will pass on to the people according to your wishes and prevents your estate from passing to unintended beneficiaries.
3. You can bequests specific gifts to specific individuals – A Will allows you to pass on specific items, perhaps with sentimental value, to specific individuals, to avoid dispute over who get what.
4. You can appoint your executor – An executor is a person who is responsible for carrying out the intentions in your will. If you don’t have a will, your loved ones will need to apply for a grant of administration through the Court in order to handle the estate, which could be a lengthy process.
5. You can decide who is the guardian for your children – A Will allows you to address the issue of guardianship in the event that both parents die. Where there is no surviving parent, and no guardian has been appointed, the court may hear applications to appoint a guardian under the Family Law Act.
6. You can specify how to fund your children’s education – You can include a provision in your Will to set aside certain funds for tuition or education for your children. You can also designate a trustee to handle the fund until your children turn 19.
7. You can plan for your funeral arrangement – The last thing you want your family to deal with when they are already grieving their loss is to choose between burial or cremation. You can specify how you want to be treated upon your death. You can also direct your estate to pay for your funeral cost.
8. You can leave a charitable donation – Many people like to leave a legacy or charitable gift in their Will to a charity of which they may have a special connection to when they were alive.
9. You can prevent family dispute – A clearly drafted Will makes your intentions and wishes clear, so there is no question of your wishes. You can also include specific reasons for certain decisions you made in your Wills to reduce the chance of it being challenged.
   
10. You can reduce stress for your family – Handling your estate should not cause any further stress to your family, while they are grieving for your death. A properly drafted Will helps your family to carry your final wishes without any guessing what your true intentions are.

The Process of Drafting and Executing a Valid Will

Our team will ensure a simple and smooth process while maintaining strict confidentiality on all the information you provided to us when drafting your Will.

1. Prior to our consultation, we will discuss with the will-maker the different aspects in a will that he/she wants to consider. 
2. Once the will-maker has spent the time to discuss it with his/her family on how the Will to be drafted based on those considerations, we will set up a time either on the phone or in person to discuss the details in greater depth.  In order to draft the Will properly, we will require  certain information such as family dynamics, who will be the executor(s) and beneficiar(ies), and how the assets will be distributed etc. It is important that the will-maker provides this information him/herself as this allows us to ensure that the will-maker understands the intention of the Will and has the mental capacity to make a Will.
3. After the in-depth consultation, we will start drafting the Will according to the will-maker's wishes and instruction.  This usually takes about 1-2 weeks.
4. Once we have the initial draft ready, we will send it to the will-maker to review.  This gives the will-maker an opportunity to make any revisions on the draft to ensure that his/her wishes are communicated accurately on the will.
5. Once the will-maker is satisfied with the draft, we will then arrange a face-to-face meeting and review the Will one more time before signing. We will also arrange two witnesses (one being the Notary) to sign the Will to make it a valid Will that is recognized in Court.

Choosing an executor

When drafting a will, choosing an executor is crucial, as this person ensures that the will maker's wishes are carried out. Executors can be individuals, such as family members or professionals, and it’s common to name alternate executors in case the primary one cannot serve. Executors handle tasks like locating the will, managing assets and debts, and distributing the estate to beneficiaries. They may need to obtain probate and are responsible for the legal and financial aspects of settling the estate, but they can seek professional help if needed. Executors are compensated according to provincial guidelines and may waive their fees if they are also beneficiaries. 

When selecting an executor for your will, consider their ability to handle family dynamics objectively, especially in complex situations like blended families. The executor should be detail-oriented, financially savvy, and willing to act as a mediator during disputes. Proximity is also crucial; local knowledge helps navigate legal and logistical issues. Choose someone with a flexible schedule, as the role requires time and attention to detail. Ensure the executor is healthy and willing to serve, and consider naming an alternate or professional executor to ensure continuity.

​Serving as an executor is a significant responsibility, but it is a necessary role that must be filled.

Powers of Attorney, Representation Agreement, and Advance Directives

Our team specializes in drafting the following personal planning documents:

• General Powers of Attorney
• Enduring Powers of Attorney
• Specific Powers of Attorney
• Representation Agreements
• Advance Directives

What is a POWER OF ATTORNEY?

A Power of Attorney is a document that a person, called the adult, uses to appoint another person, called an attorney, to make financial and legal decision for them. An example when you could use a Power of Attorney is when you are going out of the country for a while and you want someone here to handle your banking. The Power of Attorney ends upon the death of the adult.

The difference between a general and an enduring Power of Attorney is that, while both documents empower the attorney to handle financial and legal matters on the adult’s behalf, a general Power of Attorney become invalid if the adult becomes mentally incapacitated. An enduring Power of Attorney allows the attorney to continue to act for the adult should the adult becomes mentally disabled. 

A specific Power of Attorney can also be given to the attorney to perform one or more specific things for the adult. This is often used when an adult appoints an attorney to handle a real estate transaction on his or her behalf, but only for a specific property.

What is a REPRESENTATION AGREEMENT?

A representation agreement is another type of legal document which allows individuals to plan for the possibility of future incapacity. It allows you to authorize one or more person to act as your representatives to help you manage your affairs and to make decisions on your behalf in case of illness, injury, or disability.

There are two types of Representation Agreements:

A Standard Representation Agreement, commonly known as Section 7 Agreement (RA7), allows an adult to appoint a representative even though the adult is incapable of making a contract, managing his or her health care, personal care, legal matters, or financial affairs. In other words, it is a legal document for personal planning that is available to adults who need help today because their mental capability/competency may be in question.

The intent of an Enhanced Representation Agreement, also known as Section 9 Agreement (RA9), is to provide an adult in British Columbia with a way to make the most comprehensive and strongest legal planning document possible to cover health and personal care matters. It allows an adult, who is capable now making his or her own decisions, to prepare an agreement which can be as broad or detailed as the adult wishes to be, and it goes beyond the limited provisions of a standard S.7 agreement.

What is an ADVANCE DIRECTIVE?

An Advance Directive is a legal document that allow an adult to spell out his or her decisions about end-of-life care ahead of time. It gives the adult a way to tell his or her wishes to family, friends, and health care professionals and to avoid confusion later on. The health care provider may follow an instruction in an Advance Directive giving consent to specific health care; however, they must follow an instruction that refuses consent to specific health care. Also, unlike a Representation Agreement, it does not appoint a person to act on the adult’s behalf.

How does an Advance Directive fit with a Representation Agreement?

In the event that an adult has created both an Advance Directive and a Representation Agreement, the Representation Agreement takes priority, regardless of which document is made first. The representative must follow any instructions or wishes you expressed verbally and/or in writing, including in an Advance Directive. However, a statement can be included in the Representation Agreement that a health care provider does not have to involve the representative in the specific health care decision(s) covered by the Advance Directive. In such instance, the Advance Directive will take priority.