This information is not legal advice and should not be relied on without speaking to a lawyer.

What should I consider when choosing an executor for my will?

When making a will, you'll need to consider one or more people who you would like to have act as your executor, as well as an alternate executor if the first executor is not available. These should be relatives or trusted friends, preferably people who are trustworthy, honest, fairly organized and not easily overwhelmed by administrative tasks. Some of the task executors will need to do include:

• Funeral/burial arrangements
• Tax returns
• Selling assets
• Communicating with family members/beneficiaries

I have children/dependents. What should I think about when making my will?

If you have minor children or adult dependent children, you'll need to consider who you would like to be their guardian. In addition, you’ll need to consider at what age they will receive their share of your estate and whether the distribution will be a lump sum or staggered payment.

What should I consider when preparing my will?

When you’re preparing your will you should consider who you would like to benefit from your estate, whether it be your spouse, your children, or other friends or relatives. You should also consider who your estate will go to if any of these people pass before you.

What should I consider when choosing someone for my Power of Attorney

When making a Power of Attorney, you'll need to choose one or more people who will act as your attorney(s). Your attorney is a person you appoint to manage your financial affairs if you are unable to do so yourself. Your attorney should be someone who you trust and who is comfortable dealing with financial matters, for example, a relative or close friend.

What should I consider when choosing someone for my Representation Agreement?

When making a Representation Agreement, you'll need to choose one or more people to act as your representative(s). Your representative is a person you appoint to make decisions about your health and personal care if you become unable to make those decisions yourself. Your representative should be trustworthy and aware of your wishes regarding end-of-life care.

Does my executor get paid?

You can choose whether your executor will be paid for administering your estate.

What is the difference between making a will and estate planning?

An estate planning professional can give you specialized advice on how to structure your estate to reduce taxes and probate fees. Estate planning professionals include accountants, financial planners, trust professionals, and lawyers certified by the Society of Trust and Estate Practitioners.
A wills and estates lawyer can help you implement your estate plan by preparing your will and other estate planning documents. Getting legal advice on your will ensures your will meets BC’s legal requirements. We can advise you on

• how to translate your estate plan into a will;
• how to ensure your wishes will be carried out;
• how to plan for incapacity;
• who to choose to be your executor, attorney, or representative; and
• how to avoid a challenge your will after your death.

Do I need estate planning advice from a Trust and Estate Practitioner?

If you are concerned about minimizing taxes and probate fees, you should consider consulting a Trust and Estate Practitioner.

Can I get estate planning advice at Mackenzie Peak Law?

We cannot provide you with tax advice but we would be happy to refer you to someone who can.