Wills & Estate Planning Lawyers Vancouver
What a will can and cannot do
At Equity Law Group our wills and estate planning lawyers in Vancouver recognize the importance of making sure that your finances and personal affairs are well in order and properly settled. Properly constructed and well drafted Wills and Trusts can be used to potentially reduce taxes, reduce probate fees, protect beneficiaries' inheritances from their creditors and protect beneficiaries, as well as smooth and ease the transfer of an estate to future generations in accordance with your wishes.
A will lets you decide who inherits, who is in charge and who looks after your children. It works best when it is made with the rest of the picture in view: how your property is held, who might have a claim against the estate, and what happens if you lose capacity before you die.
Making a valid will in British Columbia
Anyone 16 or older who is mentally capable can make a will. It must be in writing and signed at the end in front of two witnesses who are present at the same time, and the witnesses sign too. Since 2021 a will can also be made and witnessed electronically. A gift to a witness, or to a witness's spouse, is void unless the court orders otherwise, which is one reason family members should not witness.
Life changes affect a will more than people expect. Since 2014, marriage no longer cancels an existing will, but separation generally cancels gifts to a former spouse and their appointment as executor. A will made before a marriage, a separation or the birth of a child is worth reviewing.
The court can sometimes save a will that was not signed or witnessed correctly, but that takes an application and evidence, paid for by the estate. Signing properly costs far less.
Not everything passes under your will
Property held in joint tenancy, and accounts or policies with a named beneficiary, generally pass outside the will whatever the will says. A will that carefully divides an estate three ways can be almost entirely bypassed by two bank accounts and an old beneficiary form. Adding an adult child to a title or account does not always work as intended either: unless the evidence shows a gift, the law presumes the child holds it for the estate. Probate fees are charged only on what passes through the estate; see probate and estate administration.
Choosing an executor
Being an executor is a real job with real exposure: finding and securing the assets, paying debts and taxes before anything is distributed, keeping proper accounts, and treating beneficiaries even-handedly. Appointing the family member who is most willing is not the same as appointing the one best placed to do it. Name an alternate as well, in case your first choice cannot act.
Planning around a claim to vary the will
British Columbia lets a spouse or child ask the court to vary a will that does not make adequate provision for them, including adult children who are financially independent. It is one of the few places in the common-law world where testamentary freedom is limited in this way, and it is much better planned around than discovered afterwards. If you intend to leave a spouse or child less than they might expect, a signed written statement of your reasons can be put before the court. It does not decide the claim, but the court may take it into account.
If you lose capacity
A will only speaks after death. For the years before, most adults should have three documents: an enduring power of attorney for financial and legal matters, a representation agreement for personal and health care decisions, and, if you want to give instructions directly to your doctors, an advance directive. Without them, a family member may have to apply to court to be appointed committee, with evidence from two doctors, and the Public Guardian and Trustee reviews the application.
Estates rarely sit on their own. After a death, see probate and estate administration, which also covers claims to vary a will. Property in an estate usually needs a transfer through the Land Title Office; see real estate. Planning around a separation or a second marriage overlaps with family law.
Call us at 604-259-2844 or email us on info@equitylawgroup.ca for further information.
Frequently asked questions
Do I need a lawyer to make a will in British Columbia?
No. A will that meets the formal requirements is valid however it was prepared. Advice earns its cost in what a homemade will tends to miss: how your assets are held, who could bring a claim, tax, and who should act.
Does marriage or separation affect my will?
Since 31 March 2014, marriage does not cancel a will. Separation from a spouse generally cancels any gift to them and their appointment as executor, unless the will says otherwise, and a later reconciliation does not restore them.
Can I make a will electronically in British Columbia?
Yes. Electronic wills have been valid since 1 December 2021, and witnesses can be present electronically rather than in the same room. The same formal requirements otherwise apply.
What happens if I die without a will?
The Wills, Estates and Succession Act decides. A spouse receives the household furnishings and the first $300,000 of the estate, or $150,000 if you have children who are not also your spouse's, then half of the rest. Your descendants share the other half.
Can I leave one of my children out of my will?
You can, but a child, including an adult child, may ask the court to vary the will, and the court asks whether you met your legal and moral obligations. A written statement of your reasons can help. It is better planned than discovered.
What is the difference between a power of attorney and a representation agreement?
An enduring power of attorney covers financial and legal matters and continues if you lose capacity. A representation agreement covers personal and health care. Most adults benefit from both, and an advance directive can sit alongside them.
Can a will reduce probate fees?
Not by itself. The fee is charged on what passes through the estate, and some planning moves assets outside it: joint ownership, beneficiary designations and, from age 65, alter ego or joint partner trusts. Each carries tax, family and control consequences worth weighing first.
Should I register my will?
It is optional. A wills notice filed with the Vital Statistics Agency records where the original is kept, not what it says, so your executor can find it. The fee is $17.