WILLS, PROBATE, & TRUSTS

Supporting you through life's changes, including planning for incapacity and death, as well as estate administration.

Albert & Co lawyer working on laptop in office

Wills & Probate Services

  • Estate Administration and Probate Applications

  • Will Preparation/Estate Planning

  • Incapacity Planning

  • Corporate Succession Planning / Reorganizations

  • Trusts

OUR ESTATE PLANNING PROCESS

Whether completing your own estate planning or acting as an executor appointed in someone else’s will, our will and estate attorneys aim to make the process simple and smooth and to support you every step of the way.

  • Before meeting with your will and probate lawyer, it's a good idea to have a general idea of your assets and debts. Begin compiling a list of your real estate, bank accounts, investments, vehicles, insurance policies, debts, and any other information you may want to discuss with your lawyer during your appointment.

  • Consider who you would want to play a role in your estate. Who do you want to be your executor, the person who will ensure that your debts are paid and assets are distributed in accordance with the terms of your will? Who do you want to be your beneficiary or beneficiaries, the people who will receive assets from your estate? Who would you appoint as guardians, the people who will care for your minor children? Start having these conversations and giving some thought to these questions before meeting with your estate planning lawyer.

  • During your estate planning intake meeting, you will discuss the information collected in Step 1 and the various people involved in your estate plan identified in Step 2. You and your will and estate lawyer will work together to determine the content of your will, power of attorney, advanced directive, and representation agreement.

  • Your lawyer will prepare the documents according to the instructions you provided at your meeting in Step 3. Then, they will meet with you to review the documents, answer any questions you have, and ensure they are signed and witnessed in accordance with the Wills, Estates and Succession Act, and other applicable legislation.

Is this the service for you?

I need an estate plan. What does this include?

What is the difference between a will, power of attorney, and representation agreement?

Who should I appoint as my executor?

My loved one died without a will. What’s next?

What is probate?

What are an executor's responsibilities?

PRACTICING LAWYERS

Albert & Co lawyer Marta Dean

Frequently Asked Questions

  • Generally, an estate plan includes a meeting with an estate-planning lawyer to discuss what you own, how you own it, as well as your debts and how you owe them. After receiving legal advice on the implications of ownership, the lawyer is likely to recommend any of the following documents: a will, a power of attorney, a representation agreement, and/or an advanced directive.

  • A will is a document that comes into effect on your death. A power of attorney is a document that allows someone to be your legal and financial representative while you are still alive–either because you have asked them to act for you or because you have lost mental capacity and are not able to act for yourself. In British Columbia, there is no power of attorney for health care. It is a document called a representation agreement that allows someone to make personal and medical decisions on your behalf.

  • Probate is the process by which an executor named in a will applies to the Court to have the Court certify that the deceased person's will is valid. It is required when a third party, such as a bank, the land titles office, or ICBC, asks for a will to be probated in order to provide assurance that the will is valid, can be relied upon, and that the executor has the authority to deal with the deceased’s assets.

  • No, you don’t need to hire a lawyer; however, probate lawyers are familiar with the intricacies of the Wills, Estates and Succession Act, the Supreme Court Civil Rules, the application forms and the court registry’s internal policies and preferences. The application forms can be difficult to understand that the court registry is exceptionally particular. For this reason, we recommend using a probate lawyer. In addition to helping with the probate application, a probate lawyer can advise the executor of their duties and help them in fulfilling those duties.