What does a wills, estates & trusts lawyer in Metro Vancouver do?
A wills, estates and trusts lawyer helps you plan what happens to your property and your care, then helps your family carry that plan out after a death. The work splits in two: drafting wills, trusts, and powers of attorney while you're alive, and administering an estate after a death. When a will has to be proven, the file goes to a probate registry of the Supreme Court of British Columbia, whose Vancouver Law Courts sit at 800 Smithe Street, with another registry at the New Westminster Law Courts.
You don't always need a lawyer for a simple will. BC notaries public can also draft wills, powers of attorney, and representation agreements (Society of Notaries Public of BC). For a blended family, a trust, or a dispute, most people bring in a lawyer.
What law governs wills and estates in British Columbia?
BC wills and estates run under the Wills, Estates and Succession Act, or WESA, in force since March 31, 2014 (WESA). It sets the rules for a valid will, for dying without one, and for settling an estate.
One feature surprises many families. Under WESA, the Supreme Court can vary a will if, in the court's opinion, it fails to make adequate provision for the proper maintenance and support of the will-maker's spouse or children (WESA section 60). A spouse or adult child left out can ask the court to change the split, so get advice before disinheriting anyone.
How do probate and a wills variation claim work in BC?
Probate is the Supreme Court's confirmation that a will is real, was made without fraud or undue influence, and is the last one the person left (Province of BC). The named executor applies to a registry, and the grant lets them deal with banks, land, and the other assets. BC also charges a probate fee scaled to the value of the estate (Probate Fee Act).
Deadlines are strict: a wills variation claim must start within 180 days of the date the grant is issued in BC (WESA section 61). Miss that window and the right to vary the will is usually gone, so if you're facing a claim or considering one, move early.
How do you choose a wills, estates & trusts firm in Metro Vancouver?
Match the firm to your situation: a simple will and power of attorney is routine, while a contested estate, a trust, or a wills variation claim calls for someone who runs those files often. Ask who will handle your matter, how the firm plans for incapacity through enduring powers of attorney and representation agreements (Province of BC), and what the retainer covers. Firms sit across the region, from Vancouver, Burnaby, and Richmond to Surrey, Langley, Coquitlam, North Vancouver, and New Westminster, so there's usually one near you.
You can confirm any lawyer's standing on the Law Society of British Columbia directory. Browse the wills, estates & trusts firms in Metro Vancouver below.
