Wills & Powers of Attorney
A Will is a document that when properly drafted and executed according to the provisions of the Wills, Estates and Succession Act, (WESA) that will give instructions that must be followed upon a person’s death regarding how they would like their estate to be handled by appointing an executor and guardians of any infant children. We can prepare a Will that fits your needs at a reasonable cost. If you own assets if British Columbia as well as around the world, it is possible to have a Will that deals only with your British Columbia assets. If you die without a Will in British Columbia, your estate will be administered pursuant to the the Wills, Estates and Succession Act, (WESA) by the Supreme Court rather than by choices made by you.
It is important to consider who you would like to the executor of your Will. You may also be choosing a guardian for your children and trustee for your estate. These are important decisions. Family members and those who will benefit under the estate are often obvious choices, but consideration should also be placed on the fact that a lot of work is required to administer an estate so choosing someone who is generally well organized is wise.
Here is a link to a video where I explain our Process for Wills.
What is a Wills Notice and why is it filed?
A Wills Notice is a document that registers the location of your original will. You may choose a safety deposit box, you may have a secure location of important documents, or simply a top drawer somewhere, or other place. Upon a person’s death, a Search for Wills Notice can be done to determine where is a person’s Will. A Will is not much good if it is so well hidden that no one can find it after a person’s death. We will ask you where you intend to keep your original will and we will file a Wills Notice on your behalf unless you specifically ask us not to.
Power of Attorney
A Power of Attorney (or POA) is a document which allows a person (adult) to authorize another person (attorney) to sign documents and act on their behalf. A Power of Attorney used for financial arrangements such as buying/selling assets and signing tax returns and not for any health care decisions. A Power of Attorney can be for a specific purpose and time period such as authorizing someone to sign documents to sell a house while you are out of town; or a Power of Attorney can be general in its scope and authorize a person to do anything that you could do. The Power of Attorney can be revoked at any time you choose. The Power of Attorney allows the attorney to make decisions and take actions when we become unable to act for ourselves.
A Representation Agreement is a document similar to a Power of Attorney, but used to assist someone to make; or to make, personal health care and medical decisions; including providing or withholding consent for specific medical procedures. A Representation Agreement is important to confirm who you want, and who you do not want to make medical decisions on your behalf.