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Seniors BC

Wills and Estate Planning

Making a will is one important way you can plan for your family’s future. If you die without a will, provincial laws will determine how your property will be divided. In most cases, a will is valid only if it is in writing and is signed by the person making the will and two eligible witnesses. The time spent now to prepare a will and name an executor will benefit your loved ones later.

At a time of medical crisis, you may need someone to make important healthcare decisions for you. The Province of British Columbia does not have specific laws regarding “living wills,” but a representation agreement serves a similar purpose. For convenience, this document may often be created by the same legal advisor who helps you create your will. 

If you do not have a representation agreement governing health care, the Health Care (Consent) and Care Facility (Admission) Act sets out procedures to allow family members or the Public Guardian and Trustee to make substitute decisions on your behalf.

BC law relating to wills and estates is expected to change soon. In 2009, the legislature passed the Wills, Estates and Succession Act. The proclamation date has not been announced yet so be sure to check that your information is current.

Dying Without a Will

Every adult who owns assets, or has a spouse or young children, should have a will. The few hours that you spend with a lawyer planning your estate could save your spouse, children and other beneficiaries much time, effort and money. If you don’t have a will, you will lose control over who gets how much of your estate and when. You also give up the right to appoint the guardian of your choice for any minors in your care. As well, the costs to administer your estate will increase.

If a person dies without a will, the provincial Estate Administration Act determines how their estate will be divided. The Canadian Bar Association provides more information about this process.

Making a Will

Making a will does not need to be complicated or expensive. You can get basic information about creating a will and choosing an executor from the website of the Public Guardian and Trustee of British Columbia.

Being an Executor

If you have been appointed the executor of an estate, your responsibilities can be significant and challenging. The Canada Revenue Agency (CRA) offers free guides for executors, such as “What to do following a death” and “Preparing returns for deceased persons.”

CRA also provides online forms related to estate matters like RRSPs, property, tax deferments, deductible funeral expenses, and much more. These forms may have to be included when filing an individual’s final tax return. Visit the Canada Revenue Agency website to download tax forms, and for other information.