The short answer is yes, you need a will. When you create your will, you ensure that your wishes will be respected and your loved ones will be taken care of, once you have passed away. Whether you’re an individual who has purchased their first home, a young family with minor children or retirees wanting to make gifts to their grandchildren, you need a will. As Notaries serving the communities of Pitt Meadows, Maple Ridge and Mission, we can ensure your will is created correctly to give you peace of mind. Here are the top 7 reasons why you need a will in BC:

1. Ensure your wishes are followed

Your will specifies how your assets will be distributed after you have passed away. If you don’t have a will when you die, you die “intestate”. Therefore, the law will decide how your assets are distributed. In British Columbia, the Wills, Estates and Succession Act (WESA), establishes the rules of how your assets are distributed. Often, this legislated distribution may not have been what you wanted or reflect your own wishes. By establishing your wishes in your will, you will ensure your loved ones receive your assets, or a share thereof.

2. Appoint an Executor to carry out your wishes

Your executor will carry out your wishes outlined in your will. Your executor will:

Carry out your funeral wishes;
Manage your estate;
Safeguard your assets;
Pay off your debts;
Distribute your assets to your beneficiaries.

In your will, you can appoint someone you trust to perform this incredibly important role. Your executor should possess characteristics, such as being trustworthy, willing and capable of performing in this role.

When you die without a will, someone will have to apply to the court to become your Administrator to be able to legally deal with your estate. An application and subsequent grant to become the Administrator of your estate, involves a lot of documentation, time, and may be costly. This can be a challenging process for your loved one to navigate, while they are grieving for your loss.

3. Appoint a guardian to take care of children under 19

A will is essential for appointing a guardian for your minor children (those under the age of 19 years old). The guardian is the person who will take care of your minor children, when you pass away.

If you are your child’s only guardian, and you die without a will, then the Ministry of Children and Family Development (MCFD) becomes your child’s guardian. One of your loved ones could then apply to the Court to legally become the guardian of your minor child. However, this could be a costly and time-consuming process, while your child is in the custody of the MCFD.

Appointing a guardian in your will ensures that your minor child is cared for by someone who is trustworthy and aligned with your family’s values.

4. Reduce familial conflict

When you die without a will, your loved ones will be left wondering what your wishes are? They may be asking questions, such as:

Would you have wanted a funeral service or to be cremated?
Who would you have wanted to manage your estate?
Who would you have wanted to take care of your children under the age of 19?
Would you have wanted a particular heirloom to go to one of your grandchildren?
How would you have wanted your estate to be distributed? Equally between your children? What if one of your children passed away before you? What would happen to their share of your estate?
What would you want to happen to your pets when you pass away? Would you want someone in particular to be the new pet owner?

These are only a few of the questions that you should consider. Your loved ones may have different ideas about what you would have wanted. It’s understandable that different parties trying to piece together what you would have wanted can develop into disputes or even lasting family conflicts. We often hear from our clients’ that their friend, aunt or grandfather didn’t have a will, which led to familial conflict, or even worse, a battle in court.

When you have a clear and well-drafted will, it may reduce the chance of disagreements, and lasting family feuds, between loved ones left behind.

5. Leave a charitable legacy

Your will can help you leave a lasting impact in your community and beyond. If a particular charity or cause is close to your heart, you can leave a gift to honour them. Many of our clients may want to leave a cash gift to take care of animals. Or they may want to leave a share of their estate to support medical treatments and research of a particular disease.

6. Reflect changes in your life

Your life is always evolving. Your will should reflect major life changes, from marriage, birth of children, divorce or the birth of grandchildren. It’s important to review your will every three to five years to ensure your estate plan keeps up with your life’s milestones.

7. Creating a legally valid will

WESA outlines the legal requirements to ensure a will is valid in British Columbia. By having your will drafted and executed by a Notary, you will have peace of mind that you will have a legally valid will. When working with Ridge Notaries, you’ll receive legal advice contextual to your life, support to navigate legal requirements and avoid common errors. Our clients often say that our process was “straightforward” and that leave with peace of mind that their documents have been executed successfully.

Conclusion

Your will is an essential document to ensure your estate is managed effectively, your wishes are respected, and your loved ones are taken care of. In British Columbia, your will is foundational for securing your legacy. Take charge and create a will that reflects your values and wishes. Don’t let legislation dictate your legacy.

Need help drafting your will or personal planning documents? Contact Ridge Notaries today to get started on securing your legacy.

We specialize in real estate conveyancing, estate planning, and notarizations, offering professional and personalized services to meet your needs. We are Notaries who have proudly been serving the communities of Maple Ridge, Pitt Meadows and Mission for 17 years.

Note: This article does not provide legal advice. For advice on estate planning, contact our office at 604-476-2131.