Welcome to our Estate Planning FAQ page!
This is your table of contents for key estate planning topics. Click on any of the questions here to explore helpful information and guidance.
Making Wills, Powers of Attorney or Representation Agreements is a deeply personal process, and every situation is unique. If you have specific questions or need assistance tailored to your circumstances, please don’t hesitate to call us. We’d be happy to consult with you.
Before getting started, we recommend reviewing our Getting Ready for Your Estate Planning Appointment page to ensure you have everything you need for a productive meeting.
Please remember that estate planning involves more than just creating a Will. To ensure your wishes are fully addressed, consider all relevant topics, including Powers of Attorney and Representation Agreements.
When you’re ready, dive into the topics here to learn more about estate planning and how we can help.
Estate Planning FAQ
What does a Will do?
A Will sets out what happens to your assets after you pass away. It names the person (your executor) who will handle your estate and explains who receives your property.
What if I don't have a Will in BC?
If you don’t have a Will, the Wills, Estates and Succession Act decides who gets your estate. That may not reflect your wishes, and it can make things more complicated and expensive for your family.
What does a Power of Attorney do?
A Power of Attorney lets someone manage your financial and legal matters while you are alive. This includes things like banking, paying bills, and dealing with real estate.
What is a Representation Agreement?
There are two types of Representation Agreements.
A Section 9 Representation Agreement lets someone make personal and health care decisions for you if you’re unable to do so yourself. This includes medical treatment, living arrangements, and care decisions.
A Section 7 Representation Agreements gives lesser powers, but can include the power to deal with routine financial matters.
Your BC Notary can tell you which kind of Representation Agreement you need.
What happens if I don't have a Power of Attorney or Representation Agreement?
Your family may need to apply to court to be appointed as your committee under the Patients Property Act. This is time-consuming, expensive, and stressful.
Who should I appoint as my Executor?
Choose someone who is organized, responsible, and able to handle paperwork and timelines. Many people choose a spouse, adult child, or trusted friend. It’s also important that they are willing to take on the role, and it is very helpful (but not required) if they live near you. You can also appoint a trust company as your Executor if you don't have family members you want to ask to help with this role.
Who should I appoint as my Attorney under a Power of Attorney?
Pick someone you trust completely with your finances. They should be reliable, good with money, and able to act in your best interests. This is a powerful role. It would also be helpful (but isn't required) if the person lives near you.
Who should I appoint as my Representative under a Representation Agreement?
Choose someone who understands your values and can make personal and health care decisions that reflect your wishes. Communication and trust matter more than financial skills here. It would also be very helpful if your representative lives near you.