Having a will is very important and you can only make one while you have mental capacity.

When a person dies without a will, they are said to be “intestate” and the Estate Administration Act will govern how assets will be distributed.  It also takes 12 months to distribute the assets under an intestacy.

However, if you want to have the final say in who gets what, and want to ensure that your beneficiaries will have excess to funds that they need from your estate immediately after probate, you should have a will drafted and executed.  Having a will also provides peace of mind and security for your beneficiaries.

Your will, first and foremost, appoints an Executor or Executors to manage the affairs of your estate immediately after you pass on and they should  know where your will is kept.  Your will can also appoint a guardian(s) to take care of any minor children and act as their trustee(s). 

So your first step in the wills process is to consider whom you will task with these responsibilities and obtain their acceptance. Your first notion may be to appoint family members, but you should also consider who in your circle is well-organized and able to deal with the challenges of your estate. 

Personal representatives such as trustees, executors and guardians can also renounce their appointment if they become unwilling or unable to accept it, so you should also give thought to who would be willing to be an alternate executor/trustee/guardian.

The second step in this process is to devise a list of the assets that you wish to gift to your heirs and the manner in which they receive them. 

The third step is leave the rest to us.  Our offices will draft your will according to your instructions and execute your will when you are satisfied with it.

As part of your personal planning, you should also consider having a Power of Attorney  or Representation Agreement drafted.  Your executor won’t be able to act for you during your lifetime (their appointment only takes effect upon your death).  Appointing a personal representative or attorney would be especially useful if you are in the hospital or otherwise immobile and unable to manage your finances and household. 

Furthermore, once you suffer from mental infirmity, you legally can not make a Will,  Power of Attorney or Representation Agreement, so it’s good to make them while you are able to.  Please click on Powers of Attorney or Representation Agreements for more information.  

We offer a special package rate for couples for wills and have an even better package if you wish to have Powers of Attorneys executed as well.  We also register wills in the BC Wills Registry.  Please call us at 604-569-2911 to make an appointment.