Wills are legal documents that determine how your estate will be dealt with after you pass.
If you leave no will (called intestacy), your estate will be distributed according to the Wills, Estates and Succession Act through a process called administration. Intestacy removes your power to choose what happens to your estate and it can cause unnecessary stress and problems for those you leave behind.
While you may consider drafting a will yourself, we would advise caution. Wills are complex legal documents and should be approached with the care and diligence of a legal professional.
Guardian Law’s team is experienced at drafting valid wills and would be happy to prepare yours.
Other Estate Planning Documents
To prepare for all contingencies, you should consider a number of other estate planning documents, such as:
A Power of Attorney
A power of attorney grants an individual or individuals (called attorneys) the power to handle your legal and financial affairs.
A Representation Agreement
A representation agreement grants an individual or individuals (called your representatives) the power to handle your health care and personal affairs.
BC law allows for a particular kind of representation agreement called an RA7 which can be made by individuals who do not meet the standard capacity requirements. RA7s may allow a representative to make decisions regarding your personal, financial, health care and legal affairs.
An advanced directive is a document that gives instructions regarding your health care decisions when you cannot speak for yourself.
Nomination of Committee
A nomination of committee (pronounced cah-mi-tay) is a document that informs the court of who you would like to be appointed as a committee (that is, the person who can make personal, medical, legal, or financial decisions for you). While an appointment of a committee may be unnecessary if you have a valid power of attorney or representation agreement, if there is a problem or challenge to those documents, a committee may then be selected by the court. A nomination of committee form is a useful tool to inform the court of who you would like to be your committee in such a scenario.
At Guardian Law, we can advise you on the right estate planning documents for you.
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