Happy Law Notary Public

Wills in Vancouver, BC

Prepare a Will that protects your family, reflects your wishes, and provides clear instructions for those you leave behind.

A properly prepared Will allows you to decide who receives your estate, who will administer it, and how your affairs should be handled after your death. It can also reduce uncertainty for your loved ones during an already difficult time.

At Happy Law Notary Public, we prepare Wills by appointment for individuals and families throughout Vancouver and British Columbia. Every appointment provides an opportunity to discuss your circumstances, answer your questions, and prepare documents that reflect your intentions.

What Is a Will?

A Will is a legal document that sets out your instructions regarding the distribution of your estate after your death.

Among other things, your Will allows you to:

• appoint the person who will administer your estate (Executor);
• determine who will inherit your estate;
• provide for your spouse, children, family members, friends, or charitable organizations;
• appoint guardians for minor children (where appropriate);
• express your funeral wishes;
• provide instructions that help simplify the administration of your estate.

A properly prepared Will provides certainty and helps ensure that your wishes are carried out according to British Columbia law.

Why Every Adult Should Have a Will

Many people believe they do not need a Will because they are married, own only modest assets, or expect everything will automatically pass to their family.

However, if you die without a valid Will, your estate will generally be distributed according to British Columbia’s succession legislation rather than your personal wishes. This may result in delays, additional expense, and outcomes that differ from what you intended.

Having a Will allows you—not the law—to decide who receives your estate.

What Can Be Included in a Will?

Every person’s circumstances are different. Depending on your wishes, a Will may include provisions relating to:

• distribution of your estate;
• appointment of one or more Executors;
• alternate Executors if your first choice cannot act;
• guardianship of minor children;
• specific gifts of money or personal property;
• charitable gifts;
• distribution of the remainder of your estate;
• funeral or burial wishes (although these are not legally binding on the Executor).

The provisions included in your Will depend upon your individual circumstances and instructions.

Choosing Your Executor

One of the most important decisions in preparing a Will is selecting your Executor.

An Executor is responsible for administering your estate after your death. Responsibilities often include:

• locating your assets;
• arranging payment of debts and taxes;
• communicating with beneficiaries;
• applying for probate where required;
• distributing your estate according to your Will.

Many people appoint:

• their spouse
• an adult child
• another trusted family member
• a close friend

Before making your decision, consider whether the individual is organized, trustworthy, and willing to accept the responsibility.

Guardians for Minor Children

If you have minor children, your Will allows you to nominate the person you would like to care for them if both parents die before the children reach adulthood.

Although the court retains ultimate authority regarding guardianship, your wishes expressed in your Will are an important consideration.

When considering a guardian, many parents think about:

• parenting style
• relationship with the child
• values
• financial stability
• geographic location
• willingness to accept the role

Although a court ultimately makes decisions based upon the child’s best interests, naming a guardian provides important guidance.

When Should You Review Your Will?

A Will should be reviewed whenever significant changes occur in your life, including:

• marriage or separation;
• divorce;
• birth or adoption of a child;
• purchase or sale of significant property;
• retirement;
• death of an Executor or beneficiary;
• substantial changes to your financial circumstances.

Even if none of these events occur, reviewing your Will periodically helps ensure that it continues to reflect your wishes.

Your Estate Plan

For many people, a Will is only one part of a comprehensive estate plan.

Depending on your circumstances, you may also wish to prepare:

• a Power of Attorney;
• an Enduring Power of Attorney;
• a Representation Agreement.

Together, these documents help ensure that trusted individuals are able to assist with financial, legal, health care, and personal care decisions if the need arise

What Information Should You Bring?

To help us prepare your Will, you may be asked to provide information such as:

• your full legal name;
• current address;
• names of your spouse or partner, if applicable;
• names of your children and other intended beneficiaries;
• the individual you wish to appoint as Executor;
• alternate Executor, if desired;
• guardians for minor children, where applicable;
• government-issued identification.

If additional information is required based on your circumstances, we will let you know before your appointment.

from a lawyer.

Frequently Asked Questions

When should I prepare a Will?

Every adult should consider preparing a Will, particularly after marriage, purchasing property, having children, acquiring significant assets, health concerns or the loss of a loved one.

Can I change my Will later?

Yes. As long as you have legal capacity, your Will can generally be updated or replaced.

Do spouses need separate Wills?

Yes. Although spouses often attend appointments together, each person signs their own separate Will.

Should my Executor also be a beneficiary?

Often, yes. Many people appoint a spouse, adult child, or other trusted family member as both Executor and beneficiary.

What happens if I die without a Will?

If you die without a valid Will, your estate will generally be distributed according to British Columbia succession law rather than your personal wishes.

Where should I keep my Will?

Your original Will should be stored in a safe location where it can be located after your death. We can discuss storage options during your appointment.

Ready to Get Started?

Preparing a Will is one of the most important steps you can take to protect your family and ensure your wishes are respected.

We provide Will preparation services by appointment for clients throughout Vancouver and British Columbia.