FREQUENTLY ASKED QUESTIONS

A simple Will for an individual starts at $600 and for spouses at $750 with similar Wills. This assumes you need a simple Will, and assumes there are no issues with capacity.  These fees do not include disbursements (Wills filing fee, title search, etc.). Please note that these rates are effective as of February 2024, and are subject to change. For the most recent fee sheet, please feel free to reach out. We will then also be able to give you prices that may be more specific to your circumstances.

Lawyers do more than insert your answers into a “fill-in-the-blank” form. This is, in our view, a great example of “you get what you pay for”. Our process includes providing you with information and advice, including advice on your estate as a whole and estate planning tips that will possibly allow you to save taxes and probate fees. This advice can help you maximize your estate. We can also advise you of various risks that your estate plan may have, like potential Wills Variation claims. A well-drafted, unambiguous Will that is customized for you is far less likely to be contested than a fill-in-the-blank document made without legal advice.

Notaries are fantastic. And for a lot of circumstances, they may be able to achieve everything you need for your estate plan. However, there are certain things that notaries cannot do, such as drafting trusts that would allow any minor beneficiaries in your Will to receive money at an age later than 19, or drafting trusts for disabled beneficiaries. Notaries are not able to give legal advice. An important part of the planning process is the conversation, education and legal advice that happens before the documents are signed, and that is part of what you are paying for when you hire a lawyer, in addition to the document preparation and witnessing.

It will take significantly more time to sort out your wishes (funeral, executor, children), but once that gets sorted out, your estate will be distributed pursuant to the Wills, Estates and Succession Act. This is typically the order:

• If you have a surviving spouse but no children, your spouse will get 100% of your estate.

• If you have a spouse and at least one child of that spouse, your spouse gets the first $300,000. The remainder is divided equally (1/2 to your spouse and ½ to your children).

• If you have a spouse and children, and those children do not belong to your spouse, your spouse will get the first $150,000. The remainder is divided equally (1/2 to your spouse and ½ to your children).

• If you have no children and no spouse, your estate is divided equally between your parents. If only one parent is alive, they get your entire estate.

• If you don’t have surviving parents, your siblings will split your estate. If you have no surviving siblings, their children (your nieces and nephews) get their share.

• From there, it goes further down the family tree.

Generally, an estate plan includes a meeting with an estate-planning lawyer to discuss what you own, how you own it, as well as your debts and how you owe them. After receiving legal advice on the implications of ownership, the lawyer is likely to recommend any of the following documents: a will, a power of attorney, a representation agreement, and/or an advanced directive.

A will is a document that comes into effect on your death. A power of attorney is a document that allows someone to be your legal and financial representative while you are still alive–either because you have asked them to act for you or because you have lost mental capacity and are not able to act for yourself. In British Columbia, there is no power of attorney for health care. It is a document called a representation agreement that allows someone to make personal and medical decisions on your behalf.

Probate is the process by which an executor named in a will applies to the Court to have the Court certify that the deceased person's will is valid. It is required when a third party, such as a bank, the land titles office, or ICBC, asks for a will to be probated in order to provide assurance that the will is valid, can be relied upon, and that the executor has the authority to deal with the deceased’s assets.

No, you don’t need to hire a lawyer; however, probate lawyers are familiar with the intricacies of the Wills, Estates and Succession Act, the Supreme Court Civil Rules, the application forms and the court registry’s internal policies and preferences. The application forms can be difficult to understand that the court registry is exceptionally particular. For this reason, we recommend using a probate lawyer. In addition to helping with the probate application, a probate lawyer can advise the executor of their duties and help them in fulfilling those duties.