What does a Will do?
Having a Will allows your chosen Executor to distribute your assets to your loved ones (known as Beneficiaries) in accordance with your wishes.
What happens if you die without a Will?
If you die without a Will, the Wills Estates and Succession Act SBC 2009 governs the manner in which your assets are distributed. While you can apply to the court to deviate from these guidelines, courts may be reluctant to do so without written wishes of the Deceased.
Banks in British Columbia will likely not provide access to or information about a deceased’s bank account or contents of a safety deposit box without a Will, including to a spouse or child of the deceased. In such circumstances, you will likely need to apply for an Order for Estate Administration.
Why should you use a lawyer to draft your Will?
In British Columbia, there are strict guidelines in relation to the signing of your Will, which a lawyer can help you with so that your Will is not at risk of being declared invalid. A lawyer can provide you with advice around estate planning so that your wishes are clear and easy to follow, you are aware of the obligations of your Executor, and so that you may save money by taking actions that may result in your estate not incurring significant fees in the future, such as Probate Fees. The last thing you want is to make a mistake in your Will or cause confusion that may lead to litigation.