Resolutions Law Corporation
#601-4370 Dominion Street V5G 4L7 Burnaby, BC, Canada

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Thursday, October 24 7:00 pm to 8:30 pm at McGill Library in Burnaby, British Columbia Join me for a session on personal estate planning and wills This workshop will cover the following questions:... What is a will? What are the requirements for making a will? What should you include in your will? Presented in partnership with People's Law School. Register online, at any branch or call 604-299-8955.

A Will is a legal document that takes effect upon your death. The main purpose of a Will is to say who will get your property (land and personal possessions) when you die. It can appoint a new guardian for your children if you have any, as well as appoint a chosen executor who will ensure your debts are paid, your property is protected, and your wishes are carried out. No Will, No Way? Dying without a Will is referred to as dying intestate. What happens if you die intestate...? Contrary to popular belief, the government is not automatically entitled to your estate in this case. Without a Will, there is no executor so someone is needed to administer your estate. In British Columbia, the Wills, Estates and Succession Act (WESA) determines how your assets are to be divided and who administers your estate for you. According to WESA, the distribution rules are as follows: If you have a spouse but no descendants: your estate will be distributed solely to your spouse If you have a spouse and descendants: household furnishings and a preferential share of your estate will go to your spouse If you have descendants or relatives but no spouse: Your estate will be distributed to your descendants (In this context, a spouse is defined as someone you are married to, or with whom you have been living in a marriage-like relationship for at least 2 years.) Without a Will, you lose control over who gets your estate when you die, and you give up the right to appoint a guardian of your choice for any young children you may have. Your family may also have to deal with delays, extra expenses, and inconvenience. To make sure your wishes are clearly and precisely communicated, it is important to make a Will. With a Will, you can decide how to have your property and assets distributed and by whom when you die instead of having them distributed according to BC law. Although you can use a kit to write your own Will, it’s a good idea to get help from a lawyer to make sure your Will is legal. If your Will isn’t considered legal, it can create a lot of problems for your heirs. If you or a loved one is in need of advice regarding Wills or wish to have assistance in making one, consult Vancouver and Burnaby wills & estates lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at [email protected] or 778-372-7107.

As we’ve discussed in a previous blog post, a power of attorney is a legal document that gives a person (the attorney) the power to take care of another person (the donor’s) financial and legal matters. Let’s say you incur a traumatic brain injury as the result of a car accident, and you are rendered mentally incapable. What happens now to your financial affairs? You have a Power of Attorney:... If you had already prepared a Power of Attorney while you had capacity, then the person to whom you had granted the Power of Attorney (the attorney) will now legally be able to take care of your financial and legal affairs. Instead of focusing time and energy on worrying about who would manage your affairs, your loved ones can direct more attention to your physical care. You do not have a Power of Attorney: But what if you do not have a Power of Attorney? No one has the legal power to manage your affairs without already possessing a Power of Attorney or Court Order. Not even your spouse or child! So how would your loved ones make sure your financial and legal affairs are managed? In this case, the Court will need to appoint a person or body (a committee) to manage your affairs. To start this process, your loved ones will need to prepare a number of documents, including: an application to the Court for an order declaring your incapability affidavits from two doctors proving your mental incapability an affidavit of kindred and fortune that sets out particulars of your family and financial affairs Only after considering your application and declaring you incapable will the judge then appoint a committee. As you can see, this could be a potentially complicated and lengthy process. If you want to ensure that a specific person of your choice makes financial and legal decisions for you in the case of your mental incapacity (and to avoid time consuming and expensive Court applications), the best way to do so is to have a Power of Attorney. If you or a loved one is in need of advice regarding Powers of Attorney or Committeeship, consult Vancouver and Burnaby Incapacity Planning lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at [email protected] or 778-372-7107.

For legal knowledge in the areas of Family Law and Inheritance Disputes, call Burnaby and Vancouver Lawyer Andrew Rebane