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Estate Planning

Why do you need a will?
A Will is a written document which takes effect on your death and contains instructions as to how and to whom your assets will be distributed.

In British Columbia, a Will must be in writing and must witnessed by two persons, both present while the Will is being signed and witnessed.


What does a will do?
  1. It appoints an Executor who will look after your affairs after your death;
  2. It appoints a legal guardian for any children who are under 19 years old;
  3. It allows you to select family members, friends or charities who will receive a share of your assets;
  4. It permits your Estate to take advantage of potential tax savings.

 
 

What if there is no will?

If you die without a Will, the government, through the Estate Administration Act, decides who will receive your Estate.

If you Estate is worth less than $65,000.00,your Estate will pass to your spouse.

If your Estate is greater than $65,000.00, the spouse is entitled to $65,000.00, and has a charge on the estate for that sum. After payment of the sum of $65,000.00, the residue of the estate goes as follows:
If you leave a spouse and one child, 50% of your Estate will pass to your spouse and 50% passes to your child;
If you leave a spouse and more than one child, 1/3 of the residue of your Estate will pass to your spouse and your children will share the remaining 2/3.

If you have minor children, the Public Trustee will decide how their share of the Estate is to be spent on them and it may not be according to your wishes. If kept by the Public Trustee, your money will earn interest at a very low rate.

If you die without a Will, the Public Trustee will also be appointed Public Guardian of your minor children.


When should you make a new will?

If you have an existing Will, you should review it every 3 years if you have dependent children and every 5 years thereafter.

You should have a new Will prepared if any of the following changes have taken place in your life:
Change in marital status: married or divorced?
Birth of children?
Are there substantial changes in your wishes about where your money should go or who should look after your minor children?

Please call us for an appointment at
604.532.9119


604.532.9119
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