Estate Planning in British Columbia
Onyx Law Group · Vancouver, British Columbia
Estate planning is how you decide, in advance, what happens to what you own and who speaks for you if you cannot speak for yourself. A clear plan spares your family guesswork at a hard time and keeps your wishes at the centre of every decision.
The core of most plans is a will that names an executor and sets out who receives what. Many people go further with trusts, which can hold assets for children or other beneficiaries on terms you set, and with incapacity planning, meaning a representation agreement and a power of attorney that appoint people to make health and financial decisions if you lose the ability to make them yourself. Our Vancouver estate planning lawyers build these documents around your circumstances.
Planning also shapes what comes later. After a death, an executor often applies for probate, the court’s confirmation of the will and the executor’s authority, and then administers the estate by settling debts and distributing what remains. A current, well-organized plan makes that administration simpler for the people you leave in charge.
Key points
- Estate planning in BC usually centres on a will that names an executor and sets out how your estate is distributed.
- Trusts can hold and manage assets for beneficiaries on terms you choose, which helps with minor children or long-term support.
- Incapacity planning, through a representation agreement and a power of attorney, appoints people to make health and financial decisions if you cannot.
- A current plan also eases probate and estate administration for your executor after death.
Learn more
Read about the process on our Vancouver estate planning lawyers page, work through our estate planning checklist for BC, or get in touch.
Thinking about putting an estate plan in place, or updating one you already have? Book a consultation with Onyx Law Group to talk it through, contact us here.
Frequently Asked Questions
What is probate in BC?
Probate is the court process that confirms a will is valid and confirms the executor’s authority to deal with the estate. Many institutions, such as banks and the land title office, will not release or transfer significant assets until the executor has a grant of probate. Not every estate needs probate, but larger or more complex ones usually do.
How much are probate fees in BC?
Probate fees are set by the Probate Fee Act and are based on the gross value of the estate that passes under the will. There is no fee on the first 25,000 dollars of value, and the fee is charged at a set rate on the value above that. Assets that pass outside the estate, such as jointly held property or accounts with a named beneficiary, are generally not counted.
What does an executor have to do?
An executor gathers and protects the estate’s assets, pays the debts, taxes, and expenses, and then distributes what remains to the beneficiaries under the will. Executors have legal duties to act in the beneficiaries’ interests, keep proper records, and account for how the estate was handled. The role can carry personal responsibility if it is done carelessly.
What happens if someone dies without a will in BC?
The estate is distributed under the intestacy rules in Part 3 of the Wills, Estates and Succession Act, which set fixed shares for a spouse and children rather than following the deceased’s wishes. Someone must apply to court for a grant of administration to manage the estate. A will avoids this default and lets you choose who inherits and who administers your estate.
Onyx Law Group represents clients in family law throughout British Columbia, estate and trust litigation, estate planning and probate matters. Consult with our experienced BC team at
(604) 900-2538