The original of your will is required for probate. You should keep
your will in a secure and place. Please keep in mind that your executor is
aware of the location and has access to your will when needed.
The Vital Statistics Agency maintains a wills registry in BC. You can
choose to file a notice with the registry specifying the location of your will.
Yes. Any changes to your wishes or changes to your current marital
status will result in the necessity of a new Will being drafted.
Your Will must be signed by you and your signature must be witnessed
by two persons who are at least 19 years of age. You and your witnesses must be
present when the Will is signed and observe each other signing.
Your witnesses must not be someone that will benefit from your Will,
either directly or indirectly.
1. Remember to bring any
previous Wills you have made
2. Provide us with your full
legal name and address
3. Think of who you wish to
act as your Executor (your representative) and an alternate Executor
4. Think of all your estate (including
description of specific items that will make them easily identifiable by your
executor) and how you would like to distribute them
5. Full name and birthday of each
beneficiary and alternate beneficiary; and your relationship with each of them
6. Full name, birthday, address and relationship of the person(s) you
wish to designate as guardian of your minor children
7. A description of your
funeral wishes (if you have any)
Generally speaking,
it requires at least two meetings.
The first meeting is
a consultation which is to take your instructions, provide you with relevant information,
and discuss your options. Half of our account is required to be paid as it
covers the cost of the first appointment (that is non-refundable).
The second meeting is
to review, answer any further questions and sign the will (execution of the
will). The remaining balance of the account is due and payable at the second
meeting.
If you pass away without a Will
and have absolutely no heirs as defined in the Wills, Estates and Succession Act, your estate will be passed to
the government. In reality, this is very rare as there is usually at least one
heir to heritage the estate.
Your executor should be someone that you can trust to
manage your affairs in the manner that you want them managed. Your executor
must also be willing to take on the responsibilities involved in managing and
distributing your estate.
As the role of an executor can be time consuming, that
person should be someone who lives in close proximity to you. It is not
advisable to appoint someone who lives in another province or country.
It is highly recommended to obtain that person’s
consent before you appoint him/her as your executor in your will.
If you pass away without a will (or if the will is
invalid or not legally executed), your estate will be handled by a person
assigned by court and your estate is distributed by law (the Wills, Estates and Succession Act). If
you have any minor children, a legal guardian will be assigned by the court to
look after your children until they become adult.