Wills & estates

BC's Wills, Estates and Succession Act (WESA) decides for you. A spouse and children share the estate on a fixed formula — the spouse takes the first $300,000 (more if all children are also the spouse's) plus half the rest, and the children split the other half. A common-law partner you weren't married to may get nothing under intestacy if a separation has occurred. The court appoints an administrator, who must be bonded, and the process is slower and more expensive than probating a will.

Technically yes, but online kits cause more litigation than they save in fees. The two most common problems we see: (1) the will is not validly signed and witnessed under WESA section 37, so it's struck down entirely; (2) the language is ambiguous about who inherits what, triggering a family fight. A lawyer-drafted will costs $800 and prevents both.

A Power of Attorney covers financial and legal decisions — paying your bills, managing your bank accounts, selling property. A Representation Agreement covers healthcare and personal-care decisions — what medical treatment you receive, where you live, who can visit you. Most adults need both. A will alone covers neither because it only takes effect after death.

Section 7 is a 'standard' agreement available even if you have reduced mental capacity — it covers routine healthcare and basic personal care. Section 9 is more powerful: it covers refusal of life-support, choice of care facility, and major medical decisions, but you must have full capacity when you sign it. Our $375 Representation Agreement is a Section 9. We can also prepare a Section 7 for adults who may not meet the higher capacity threshold.

Your executor needs three qualities: trustworthiness, organization, and a willingness to deal with grieving family members. Often it's a spouse, an adult child, a sibling, or a close friend. They don't need legal or financial expertise — they can hire professionals using estate funds. Name an alternate executor in case your first choice is unable or unwilling to act.

Review your will after any major life event: marriage, separation, divorce, the birth or adoption of a child, the death of a beneficiary or executor, a significant change in assets, or a move to or from BC. Even without a life event, a 5-year review is a good rule of thumb. Minor changes can usually be made with a codicil; significant changes typically warrant a new will.

Yes. Probate is a separate service quoted based on the estate's value and complexity. Most BC estates require probate to deal with real estate or larger financial accounts. We act for executors through the application, asset realization, debt payment, tax clearance, and distribution to beneficiaries. If a dispute arises, our Estate Litigation team handles wills-variation claims, executor disputes, and capacity challenges.

This is common in Vancouver and we plan for it. Sometimes one will is enough; sometimes you need a separate will in each jurisdiction so a Canadian probate doesn't tie up foreign assets (and vice versa). We coordinate with lawyers in the other country and make sure the two wills don't accidentally revoke each other. Our multilingual team can also explain the plan to family members who don't speak English.