Wills & Estate Planning

 
“Plans are worthless, but planning is everything!”
— Dwight D. Eisenhower
 

WHAT IS A WILL?

A Will is a document that leaves instructions that your executor must follow after you pass away.  A Will doesn’t have any power during your lifetime but the moment you die, your Will comes into effect. There are special requirements to make your Will effective – for instance your Will needs to be signed by you in front of two adult witnesses, all three of you need to watch each other signing and all three of you need to sign the Will.

Even if you don't have many assets, having a Will is a good idea for other reasons - for instance if you have minor children, you can appoint a guardian to take care of them.  This is particularly important if you are the only guardian.  Also, if you die without a Will and you have minor children who inherit your assets, then the Public Guardian and Trustee becomes the trustee for the child's assets until the child reaches 19.  This can complicate things because the child's guardian then needs to deal with the Public Guardian and Trustee to get money for their living expenses or their education whereas if you have a Will, you can appoint a trustee you choose to make those decisions.

WHAT IS PERSONAL PLANNING?

"Personal planning" is the term that refers to the planning you do to appoint someone to help you with your financial decisions while you are alive and decisions relating to your personal care and health care if you are unable to to make those decisions yourself. 

One type of planning document relates to your finances and gives power to your trusted representative to step into your shoes and deal with your financial matters.  This document is called a Power of Attorney.  Another type relates to your health care and personal care decisions.  This document is called a Representation Agreement.

These documents can be used when you need help, for instance, if you were in a car accident and not able to communicate, your trusted representative can make health care decisions for you or take care of your finances. You might also need to have the help of your trusted representative once you become elderly and need to have help making decisions.

 
 

We humbly and respectfully acknowledge that our work takes place on the traditional territory of lәk̓ʷәŋәn-speaking peoples, which includes the Xwsepsum, also known as the Esquimalt, the lәk̓ ʷәŋәn, also known as the Songhees, as well as the SENĆOŦEN, Malchosen, Semiahmoo, and T’Sou-ke speaking W̱SÁNEĆ peoples. We acknowledge the long and continuing history of colonization and Indigenous peoples resistance to it, in particular the harm, violence, and racism towards Indigenous people that has occurred as a result of the legal profession.

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Inclusive language ensures we don’t leave people out of our conversations or our work. Inclusive language acknowledges the diversity of people we work with and serve.