Do You Need a Will? Estate Planning Basics in BC

It's easy to put off writing a will — it's not an urgent task until, suddenly, it is. But a will is one of the simplest ways to make sure your wishes are followed and to spare the people you love a difficult, drawn-out process during an already hard time.

What Happens If You Die Without a Will?

If you die without a valid will in BC, you're considered to have died "intestate," and your estate is distributed according to a fixed formula set out in the Wills, Estates and Succession Act — not according to what you would have wanted. Depending on your family situation, this can mean a spouse receiving less than expected, estranged relatives inheriting by default, or no clear person appointed to manage your affairs while it's sorted out. If you have minor children, a court — not you — decides who becomes their guardian.

What a Will Actually Does

A properly prepared will lets you:

• Choose who receives your assets, and in what proportions
• Name an executor you trust to carry out your wishes
• Appoint a guardian for minor children
• Leave specific gifts or instructions that a default formula never would

Beyond the Will: Planning While You're Alive

Estate planning isn't only about what happens after death. Two other documents matter just as much while you're living:

• Enduring Power of Attorney — authorizes someone you trust to manage your financial and legal affairs if you're unable to
• Representation Agreement — authorizes someone to make healthcare and personal care decisions on your behalf

Without these in place, your family may need to apply to court for the authority to act on your behalf — a slower, more expensive process than putting the documents in place ahead of time.

A will protects the people you love. A power of attorney and representation agreement protect you.

When to Review an Existing Will

Revisit your will after a marriage, separation, or divorce, the birth of a child or grandchild, a significant change in assets, or the death of an executor or beneficiary named in it. In BC, marriage no longer automatically revokes a prior will, but it's still worth a fresh look after any major life change.

This article is for general information only and isn't a substitute for advice on your specific situation. Every estate is different — book a consultation and we'll walk through what makes sense for yours.