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Wills & Power of Attorney

Wills

Deciding who inherits, who administers your estate, and who cares for your children.

A will does three jobs: it says who gets what, it names the executor who will carry that out, and, for parents of young children, it names a guardian. It takes effect only on death, and it can be changed while you have capacity.

What makes a will hold up is the detail around it. The signing has to meet the formal requirements. Assets held jointly or with a named beneficiary, such as a pension or an insurance policy, usually pass outside the will entirely, so the two have to be planned together. Where a spouse or child might feel left out, a variation claim is a real risk that can be planned for.

What we help with

  • Drafting a first will, and updating one after a marriage, separation or new child
  • Naming executors, alternates and guardians for children
  • Specific gifts, shares of the residue and gifts to charity
  • Assets that pass outside the will, such as joint property and beneficiary designations
  • Planning around a possible wills variation claim
  • Registering the will with the Vital Statistics wills registry

How it usually works

  1. 01

    Take stock

    We list what you own, how it is held and who depends on you. That list, not the wording, decides what the will needs to say.

  2. 02

    Draft and review

    You receive a draft in plain language, with the effect of each clause explained, and we adjust it until it matches what you intend.

  3. 03

    Sign properly

    The will is signed and witnessed to the standard the Act requires, and you leave with instructions on where to keep it and when to revisit it.

Related services

Questions

Common questions about wills

Does marriage or separation cancel my will?

In BC, marriage no longer revokes a will. Divorce does not cancel the whole will, but gifts and appointments in favour of a former spouse are generally treated as though that spouse had died first. Separation without a divorce is a grey area, which is why a will should be reviewed as soon as a relationship ends.

Can I just write my own will?

You can, and courts can sometimes cure a defective document, but that requires a court application your family has to pay for. A properly signed will costs far less than fixing one that was not.

Book a consultation

Tell us what has happened. We will tell you where you stand.

The first consultation is free, at our Surrey office. Evenings and Saturdays by appointment.

Call 604-712-4477
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