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Wills & Estates

When it comes to estate planning, it's essential to work with a lawyer who understands the laws and regulations specific to British Columbia. Here are some legal documents that we can help you prepare:

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At Koi Law Firm,

Will

A will is a legal document that outlines how you want your assets to be distributed after your death. A lawyer can help you draft a will that meets your specific needs and ensures that your assets are distributed according to your wishes.

Nomination
of Committee

A nomination of committee is a legal document that allows you to nominate someone to act as your legal guardian if you become incapacitated. This document is especially important if you have no family members who are willing or able to act as your guardian.

Codici

A codicil is a legal document that amends your existing will. If you need to make minor changes to your will, a codicil may be an appropriate solution.

Representation Agreement

A representation agreement is a legal document that allows someone to make decisions on your behalf regarding your health care, personal care, and living arrangements. This document can be helpful if you're unable to make decisions for yourself due to illness or incapacity.

Power of Attorney

A power of attorney is a legal document that grants someone the authority to act on your behalf if you're unable to do so. This document can be useful if you become incapacitated or unable to make decisions about your finances or health care.

Advance Directive

An advance directive is a legal document that outlines your wishes regarding medical treatment and end-of-life care. This document can be useful if you're unable to communicate your wishes due to illness or incapacity.

Contact our law firm to learn more about how we can assist you in protecting your interests and ensuring that your wishes are fulfilled.

Why Prepare a Will

Everyone should have a will.  You should prepare a will before you get old or seriously ill. 

 

According to a 2020 survey by the BC Notary Association, at least half of British Columbians had a signed, legally valid, and up-to-date will.

If you have minor children, preparing a will is even more critical to ensure they are taken care of by someone you trust. Without a will, your children's future may be left in the hands of the court, which can be time-consuming, expensive, and may not align with your wishes.

 

If you pass away without a will, the distribution of your estate will be decided by the laws of intestacy, which can also be time-consuming, expensive, and may not align with your wishes.

 

By preparing a will, you can appoint an executor to manage your estate and ensure your wishes are carried out. This gives you peace of mind knowing that your affairs will be handled by someone you trust.

 

Our experienced lawyers can help you create a will that reflects your wishes and provides peace of mind for you and your family.

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Why I need a guardian
provision for minor children?

If someone dies without naming a guardian for their children in a will in British Columbia, the court will have to appoint a guardian if the deceased leaves behind children under 19 and the other parent is not alive or able to provide care. In this situation, the Public Guardian & Trustee of British Columbia and Ministry of Children and Family Development will become the children's guardians if no suitable guardian is available or if there is a dispute among family members or other potential guardians.

 

It is always best to appoint a guardian for your children in a will to ensure that your wishes are known and respected. By creating a will that includes a guardianship provision, a person can appoint a guardian to look after any young children they leave behind after they die. It is recommended to seek the advice of a lawyer when creating a will to ensure that it accurately reflects your wishes and complies with legal requirements.

How to prepare a will? 

While some may believe that writing a will is a complicated process that requires a lawyer's assistance, there are several options available for individuals who wish to create a will on their own.

 

One option is to use online tools and resources to prepare a will. These tools can be helpful in guiding individuals through the process of creating a will and ensuring that all necessary information is included. However, it is important to note that the accuracy and validity of these tools may vary, and individuals should take the time to carefully review and understand the content of their will.

 

Another option is to seek help from a public notary. A notary can assist in drafting a will and ensuring that it is properly executed and witnessed in accordance with legal requirements.

 

Finally, individuals can choose to pay for the services of a lawyer to draft their will. A lawyer can provide valuable guidance and advice on creating a will that reflects their wishes and is legally enforceable. A lawyer can also ensure that the will meets all necessary legal requirements and can help to minimize the risk of any disputes arising over the distribution of assets.

 

In summary, while it is possible to create a will without the assistance of a lawyer, it is important to ensure that all legal requirements are met and that the content of the will is fair and enforceable. For those who are unsure about the process or have complex estate planning needs, seeking the help of a lawyer may be the best option.

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Bring a will up-to-date 

Updating your will is an essential part of estate planning, as life changes and circumstances evolve. If you've had significant life changes such as a new marriage, a new child, or a divorce, it's essential to ensure that your will reflects your current wishes. 

 

A law firm can help you bring your will up to date by reviewing your existing will, identifying any changes that need to be made, and drafting a new will that accurately reflects your current wishes. By bringing your will up to date, you can have peace of mind knowing that your assets will be distributed according to your current wishes and that your loved ones will be provided for in the way you intend. Contact our law firm to learn more about how we can help you update your will and protect your interests.

Why prepare health care documents?

Preparing health care documents is important because no one knows when illness, accidents, or cognitive impairment will strike. Aging-related conditions such as Alzheimer's, serious accidents, traumatic head injuries, severe mental illness, and strokes can occur at any time. If any of these situations arise, you may become unable to make decisions for yourself.  By planning in advance, you can designate someone you trust to make decisions for you or help you make decisions according to your wishes. 

 

If you don't choose someone in advance, the law will decide who can make those decisions for you, which may involve court and government intervention. In BC, when a person becomes a patient, their decision-making capacity may be affected, and the Public Guardian & Trustee of British Columbia (PGT) may become involved as their statutory property guardian.

 

It's important to plan with legal documents before a health crisis occurs to avoid having the law decide for you. Contact our BC law firm to learn more about how we can help you prepare health care documents to protect your interests.

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