A will is the centre of many estate plans, not the whole plan
A will can name an executor, set out how estate assets should be distributed and address other wishes that take effect after death. B.C. government guidance warns that dying without a will can increase administration costs and means property is distributed under statutory rules rather than according to a personal plan.
The governing B.C. statute is the Wills, Estates and Succession Act. Formal requirements matter, and unusual family or financial circumstances can make a simple template inadequate. Blended families, dependent beneficiaries, private companies, property outside B.C. and potential estate disputes deserve careful review.
Choosing an executor
An executor is responsible for carrying out the will and administering the estate. The role can include locating the original will, identifying assets and debts, dealing with tax matters, communicating with beneficiaries, applying for an estate grant where required, paying valid liabilities and distributing the estate.
Choose someone who is willing, organized and capable of handling paperwork and conflict. Naming a person because they are the oldest child or closest relative is not always the best practical choice. Consider geography, family dynamics, financial complexity and whether an alternate executor should be named.
Probate and estate grants
Probate is the court process used in many estates to confirm the authority of an executor under a will. Not every asset necessarily requires probate, but banks, land-title matters and other institutions may require an estate grant before acting. The province explains that an executor may need to prove authority before carrying out instructions in a will. See the official B.C. wills and estates portal.
Our probate and estate-administration guide walks through the practical sequence after a death without pretending every estate follows the same path.
Wills Registry and document location
B.C. operates a Wills Registry where a wills notice can record where a will is located. The registry does not store the will itself. When probate is sought, a search of wills notices may form part of the application process. The province’s Wills Registry information explains how notices and searches work.
Planning for incapacity
A will generally operates after death. Incapacity planning addresses who can help while a person is alive but unable to manage particular financial, legal, personal or health-care decisions. Depending on the objective, relevant B.C. planning tools can include an enduring power of attorney, representation agreement and advance-care planning documents.
When legal advice becomes particularly valuable
- There is a blended family or a beneficiary who may require continuing support.
- The estate includes a business, trust, significant real estate or assets outside B.C.
- There is concern about capacity, undue influence or a possible will challenge.
- An executor is uncertain about duties, creditor claims, taxes or distributions.
- Family members disagree about the validity or interpretation of a will.
Keep the plan usable
A technically valid document is less helpful if no one knows it exists or the named executor cannot locate it. Keep records organized, tell the appropriate person where original documents are stored and revisit the plan after major changes in family relationships, assets or intentions.
Estate planning is not only about what happens after death. Our Burnaby power of attorney guide explains enduring powers of attorney and financial decision-making during incapacity.
Planning for incapacity
Estate disputes · Executor disputes