Estate Planning FAQs

A will is a basic document that everyone should have because it says what happens with your assets after you die.

Using a will kit online is a bad idea.  The following is a list of the possible problems with online will forms:

Who prepared the template? Many online will websites claim their templates are vetted by lawyers, but who are these lawyers?  Do they practice law in BC, Nova Scotia, Mississippi, Timbuktu?

No estate planning advice:  A will is just one product of a proper estate plan.  Many people are lured into a false sense of security with simply getting a will prepared online without getting any estate planning advice.  The estate planning advice that our wills lawyers give routinely saves our clients thousands of dollars in probate fees, taxes and legal expenses.  Estate planning is the first step to making a will; without it, a will could be useless.

Is it a valid will?:  Does the online will comply with BC law, or is it based on a template based on Ontario’s laws or even worse, based on another country’s laws?  Even if it is a will based on BC law, does it hold up to the strict standards that make a will legal?

Have you filled the online wills form out correctly?  Do you really understand what all that legalese means?  Is the wording of your gifts in the will unclear or ambiguous in any way?

Has the will been signed correctly?   The wills law in BC has very strict rules about what makes a valid will.  Unless signed correctly, a will is not valid.  See Part 4 of the Wills, Estates and Succession Act of British Columbia.
Our wills and estate lawyers routinely help executors with flawed wills done online that were done without the proper estate planning advice and drafting.  Such wills and lack of advice often result in unneeded probate and legal fees, confusion, disputes, excess taxes being paid, and disappointed beneficiaries.

There are two main differences between notary drafted wills and wills done by an estate planning lawyer:
Trusts: Notaries are forbidden by law from drafting anything but a simplest trust in wills (paying out to a minor beneficiary at the age of 19). Estate planning lawyers can draft any kind trust in a will, which are called “testamentary trusts“.    

Expertise: Estate planning lawyers are devoted to practicing in the area of wills and estates only – with that comes a lot of education, experience and expertise. Our wills lawyers in particular, frequently bounce ideas off of each other to find the best solution for our clients.  Sometimes most valuable is that our wills lawyers constantly take courses about other areas of law that may intersect with estate planning, such as in probate law, family law, insurance, financial planning, creditor law, business law and tax law, so we can either provide clients with relevant advice or refer them to someone who can. Most notaries tend to be generalists, doing some real estate transfers, some wills, and some document notarization.

Westcoast Wills is available to meet from anywhere, using videoconferencing. Our estate planning lawyers also have four convenient offices: on Lonsdale in North Vancouver, on West Broadway in Vancouver, on Production Way in Burnaby, and next to the Sea to Sky Highway in Squamish. We also know of estate lawyers in other areas of the province and would be happy to share their names.

Firstly, choose a lawyer who specializes in wills and possibly one other area of law. The phrase “Jack of all trades, master of none” definitely applies to law, as there are way too many intricacies with every area of law to keep on top of all of them. Wills law is routinely the area of practice with most negligence claims against lawyers because all to many lawyers (who do not focus on this area) do not appreciate the subtle complexities in estate planning.

Secondly, many law firm websites have a review section from previous clients. There are also independent review websites, such as Yelp, Google and Facebook. Westcoast Wills is proud to have so many happy clients and you can see our Google reviews and Facebook reviews.

Our lawyers each wear two hats: estate planning lawyer and probate lawyer. As estate planners, we help our clients avoid probate where ever possible. This can be done through trusts, beneficiary designations or joint ownership. Care must be taken with all of these methods though, as there can be absolutely huge tax ramifications if done wrong. Consult with one of our estate planning lawyers to avoid probate in a way that works for you and minimizes unnecessary taxes.

Estate planning lawyers are different than more generalized lawyer because we focus on estate planning only. Generalized lawyers who draft wills and notaries who draft wills tend to focus only on that – drafting a will. At a typical 15 to 30 minute meeting with them, they go straight into questions like “who do you want as your executor” and “who do you want to give your assets to?.” Creating an estate plan before getting to the will often saves you money on taxes, eliminates disputes after you die and eliminates the need for probate. A meeting with a proper estate planning lawyer should take between 1 and 2 hours.

Firstly, only about 15% of wills are truly simple with no complication. The problem is that you wouldn’t know if you’re a part of that 15% until an estate planning lawyer sits down with you and goes reviews your circumstances.

That said, getting a straightforward will for one person can range in price from $0 to $1,500 in the Vancouver area. 

Firms often offer discounts for doing wills for spouses, as it’s the same amount of meeting time and similar documents.
$0 – $150: At this price for a will, you would either be doing it yourself or filling out an online wills form or a will form bought at a drugstore. Obviously with no legal training, you shouldn’t be hand writing your own will, as this often results in frustrated and angry loved ones after your death, excess taxes after your death, and in some cases tens of thousands of dollars in legal fees after you die. Online will template forms are equally as dangerous. See the dangers of making a will online detailed above.

$350 – $500: Notaries and general practitioner lawyers often charge in this price range for getting a will in Vancouver.  Far better than writing a will yourself or doing an online will, but see above for the potential downsides of going this route.

$550 – $1,500: This is the price range to expect in getting a will from an estate planning lawyer. The huge difference in price usually comes down to the location. Do they have luxury office space on the 40th floor of a downtown office building, or do they work from home or or less expensive office spaces? 
At Westcoast Wills & Estates, we are proud to be at the lower end of this price spectrum, while offering the same or higher amount of expertise as many lawyers at the higher end of this price scale.

A will is a document where you say who gets your assets when you die. A will can also name successor guardians for minor children and your preferences for funeral, burial or cremation. An estate planning lawyer in Vancouver can help you prepare a will.

When someone dies without a will in BC, their estate is said to be intestate. In BC, the distribution of an intestate estate is determined by the Wills, Estates and Succession Act (WESA). Here’s a general outline of how the distribution works:
Spouse or common-law partner: If the deceased person had a spouse or common-law partner but no children, that person is generally entitled to the entire estate.

Spouse or common-law partner and children: If the deceased person had a spouse or partner and children, generally, the spouse or partner receives a preferential share of the estate (currently set at $300,000), and the remainder is divided between the spouse or partner and the children. There are variations of this in the law, resulting in different distribution schemes for different circumstance. A probate lawyer in Vancouver can help you determine exactly where the estate will go.

Children but no spouse or common-law partner: If the deceased person had children but no spouse or partner, the estate is divided equally among the children.

No spouse, partner, or children: the laws dictate that the deceased’s estate will generally pass to the deceased person’s next of kin, using parentelic distribution, with some exceptions.

If no eligible relatives can be found, the estate is transferred to the provincial government.

In cases where there is no will, it is generally advisable to seek legal advice from a wills lawyer to understand the specific implications and process involved in administering the estate according to the intestacy laws in BC. An estate planning lawyer from Westcoast Wills & Estates can provide guidance and assistance in navigating the probate process.

A will made in BC can attempt to deal with assets held anywhere in the world, but is it a good idea? The problem is that there are different laws than BC in other provinces and other countries. Some provinces like Quebec and other countries have fundamentally different legal systems. In some cases, a BC will would be invalid in these other jurisdictions. Most estate planning lawyers suggest to get multiple wills for assets in foreign jurisdictions to deal with this issue. Your BC will might say that it only deals with your assets outside of that country, while the foreign will says it only deals with assets located in that country. In this case, it’s essential that you hire an experienced estate planning lawyer so that everything is done correctly – as there are many complications.