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Wills: Should British Columbia residents go it alone?

July 24, 2019/in Wills /by gartonandharris

It may be very appealing for one to think about writing one’s own will. But there are many reasons it might not be the best idea. When it comes to writing wills in British Columbia, there are laws to which a testator must adhere and not being aware of what those are could render a will null and void, which is something no individual wants to have happen.

There are two main types of wills: a holographic, or handwritten will, and a formal will.  British Columbia, however, is one of the provinces that doesn’t recognize holographic wills. Formal wills are typewritten and people can do it themselves, although inadvisable since DIY will kits are meant to be one size fits all. Wills should be tailored to a person’s individual circumstances and what works for one person may not work for another.

Will kits can potentially cost money, rather than save it — especially for beneficiaries. Paying money to get help to write a proper, legally binding will may save not only money, but potential heartache in the future. No one likes to think that his or her will may be contested, so getting legal guidance on estate planning documents is the best bet for most people. 

A British Columbia lawyer understands what it takes to make wills legal and binding and can assist a client in creating estate planning documents that meet those requirements. A lawyer who specializes in wills, trusts and estates may be able to help a client to fashion a will that adheres to the letter of the law as well as to his or her lifestyle. The prospect of writing one’s own will may be enticing, but it could also be a mistake if something in the document should be questioned when the time comes. 

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Estate administration for single British Columbia residents

July 10, 2019/in Estate Administration & Probate /by gartonandharris

Everyone needs estate planning documents. Single British Columbia residents should also have wills and other estate planning documents, but when it comes to choosing an individual for estate administration duties, a single person without children may wonder who to choose for that task. When other family members are too busy with their own lives to take on the task, a single person does have other options.

There are people who can be hired to help in writing estate planning documents and to administer an estate when the time comes. British Columbia residents in these positions can take advantage of trust companies and of representation agreements. A lawyer with whom an individual has a good relationship may also be a wise choice. 

The only instance when a family member should be involved is when health care decisions need to be made. Family members can be good substitute decision-makers when a testator can no longer make decisions for him or herself. Lawyers can act as executors of a will and are in position to act as estate administrators.

A British Columbia lawyer may be able to step in to help a single client who has no children with his or her estate planning needs. Part of this could include estate administration duties, which entail making sure beneficiaries receive their assets, that debts are paid and final taxes are filed on behalf of the testator. Choosing a trusted legal professional may give a client the peace of mind he or she needs when writing estate planning documents. 

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