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DIY wills in British Columbia not always such a good idea

July 31, 2017/in Wills /by gartonandharris

There may be instances when British Columbia residents think it would save money to purchase “Do It Yourself” (DIY) wills kits, but that may not be the wisest decision. Whether it’s to try to save money, or to save time, DIY wills may cost residents more time and money in the long run. One thing is a certainty — all residents of legal age in the province should have wills.

Another thing for British Columbians to realize is that a holographic or handwritten will is not binding in British Columbia as they are in Alberta, Manitoba, New Brunswick, Newfoundland, Ontario, Quebec and Saskatchewan. Nova Scotia and Prince Edward Island also do not accept them. And wills aren’t as expensive as people might think.

The problem with DIY wills is that sometimes the wording may be vague or badly drafted. These wills could contain ambiguous or conflicting provisions that may be invalid. Trying to save money in this regard could cause heirs a very problematic or costly estate settlement.

And DIY wills are likely inappropriate for British Columbia residents with complex or large estates, unless the estate can be handled through the creation of one or more trust documents. Those who have property out of province or out of the country need to consult a lawyer regarding the complexities that could arise from such property ownership. Also, those who wish to forgive debts, to disinherit a child or spouse or who have unique family situations should seek the counsel of an experienced British Columbia wills and estates lawyer rather than trying to use DIY wills.

Source: boomerandecho.com, “DIY Wills“, Marie Engen, Accessed on July 29, 2017

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Multiple wills in British Columbia

July 25, 2017/in Wills /by gartonandharris

Having more than one will has a very limited purpose.  Multiple wills help reduce the overall value of assets that have to pass through probate in an uncontested will situation. The multiple-will technique has been used in Ontario to reduce exposure to probate taxes in that province, but it’s somewhat different in British Columbia.

In one particular instance, Ontario ruled that if someone dies having more than one will (with a common executor), the executor seeking probate doesn’t have to probate all the wills. He or she has the choice to probate whichever wills of the deceased and probate taxes would apply just on assets that were part of the will probated.  In British Columbia, however,  probate fees are calculated on the gross value of all property that passes to the personal representative of the deceased —  in other words, to the executor of the wills in question.

In other words, in British Columbia, if an executor is applying for probate, he or she must list all assets of the deceased person that passes to him or her. But, the executor is not obligated to disclose any assets passing to any other executor under another will.  It should be noted that more than one will may limit the value of assets that need to be probated, but only if none of the wills are challenged.

British Columbia residents thinking of adopting the multiple wills format, should talk with a lawyer experienced in wills and estate law. These wills need to be drafted meticulously so one will does not revoke the other. A lawyer’s expertise will ensure each will deals with the right assets.

Source: lycosasset.com, “Multiple Wills“, Accessed on July 23, 2017

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British Columbians needn’t leave kids anything in their wills

July 17, 2017/in Wills /by gartonandharris

Planning what to leave whom after death can be an emotionally fraught task, especially if children are in the picture. But wills don’t just have to include children. In fact in British Columbia — and all of Canada — folks don’t have to leave anything to their kids if they choose not to.

Some movies of long ago used to feature the main characters disinheriting their children for various reasons. But does this really happen in modern-day society? Are people choosing to leave their assets to those other than their offspring? In some countries, laws actually force people to leave a portion of their assets to their spouses or children, but no such laws exist in Canada.

Unless minor children who were dependant upon their deceased parents are involved, Canadians can leave their assets to whomever they please — so parents can, indeed, disinherit their adult children. Furthermore, estate assets can be divided up in unequal shares according to the wishes of the deceased. Unless the beneficiary would have been a spouse (or equivalent under the law) or a dependent child, a disinherited person has few options.

Laws exist in Canada that allow certain people — like spouses, children and parents and siblings in some provinces — to make claims against estates if dependant status can be proven. In other words, they must show that wills failed to provide for them when they relied on the deceased financially. When it comes to challenging a will, the Wills Variation Act in British Columbia is likely the most liberal law in the country.

In certain instances, a will may be challenged as being invalid, but the path is difficult and will require the aid of a lawyer experienced in wills and estate law. It must be ascertained that the deceased persons who made the wills did not have the mental capabilities to do so. British Columbia residents can obtain more information about the formal requirements of wills with the assistance of a lawyer.

Source: Financial Post, “Kids don???t have to get it all“, Leanne Kaufman, Accessed on July 13, 2017

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Wills a must for parents of blended families in British Columbia

July 10, 2017/in Wills /by gartonandharris

Families like the Brady Bunch might have been unusual back in the 1960s and 70s, but blended families are becoming the norm in today. There are many changes to get used to when two families are brought together. The need for two-family parents in British Columbia to have wills is essential when it comes to spelling out what should happen in the event of the death of one or both parents or step-parents.

If the parents of this new family unit were to die intestate (or without leaving a will), the family would not only left to grieve but also left with a situation that could be very complicated when it comes to their parents’ and step-parents’ assets. If each parent has his and her own estate and dies without wills, his or her estate will be divided according to the intestate succession law in British Columbia. That could mean years of anguish for the children and step-children of the estates.

Wills of parents and step parents in blended families can be straightforward or a little more complicated depending of several factors — one of which includes the ages of any children that are a part of the union. Minor children cannot inherit anything directly. Any inheritance left to them will go into trust and looked after by a trustee until they become adult; in British Columbia, that means 19 years of age.

Splitting the estates of the parents of blended families is not always straightforward. These types of wills need the help of a lawyer experienced in wills and estates law. A lawyer will be able to fashion wills suitable to specific family dynamics and will also be able to provide other documents essential for estate planning when it comes to blended family situations.

Source: legalwills.ca, “Wills for Blended families and stepfamilies“, unattributed, Accessed on July 7, 2017

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Wills make end-of-life decisions less complicated

July 4, 2017/in Wills /by gartonandharris

Many people these days are taking steps to plan for the end of their lives. Part of the planning process includes getting a will, and in British Columbia it’s especially important to have the right documents in place. Unlike in some provinces — Ontario, Quebec and Nova Scotia for exanple — living wills, which spell out end-of-life instructions, don’t exist in British Columbia.

As for wills specifically, British Columbia residents who die without them may not have their estates distributed in the ways they would have wanted. The court will appoint an administrator for the estate of persons who die intestate (without leaving wills). There are legalities in place to divide money among surviving relatives of the deceased in accordance with the applicable statute. If no relatives can be found at all, money and property will go to the Crown.

In regard to living wills, a British Columbia man found out the province makes no provision for them. After his friend died from a terminal illness, he looked into planning ahead for his own death. He was unable to include a living will among his estate planning documents.

In the absence of living wills in B.C., lawyers experienced in wills and estate law can help residents with the three documents suggested for end-of-life planning in British Columbia.  A representation agreement, an advanced medical directive and an enduring power of attorney are as important as wills since they can point out specific wishes regarding medical care at the end of life — issues like resuscitation, feeding or intubation. Lawyers can draw up the documents which will help define how end-of-life care is administered.

Source: British Columbia – CBC News, “End-of-life plans: Is it too morbid to plan your death?“, Yvette Brend, June 25, 2017

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