Our Lawyers Answer Your Most Frequently Asked Questions About Wills | Bell Alliance FAQ Part 1

Preparing a Will isn’t something people talk about often, and we totally understand why. It can be awkward to start a conversation about Wills, and it usually makes us feel uncomfortable to think about losing people we love.

We’ve decided to try and take the sting out of this tricky topic by asking our Bell Alliance Estate Planning lawyers to answer your most frequently asked questions.

Our goal is to help you feel more confident and equipped to consider planning your own Will, and to feel more comfortable talking about Wills with the people you care about. Have a read through our FAQ’s below and stay tuned for more great content to come in our 2-part blog series.

What is the best age to write a Will? Is there a “right age”?

Generally, a person can make a Will at the age of 16 or older. However, while engaged in active service, a member of the Canadian Forces, naval, land or air force can make a Will regardless of their age.

Do I even need to have a Will if I don’t own anything major like a house?

If you do not have a Will at the time of passing, your loved ones will need to go through costly court processes in order to deal with your estate, even if you do not currently own any major assets, such as a home. Sometimes even a bank account holding $10,000 for instance, will trigger the court process of administering your estate.

Your estate includes things such as your bank accounts, vehicles, and your personal belongings. Your Will identifies who will be appointed to deal with your estate, who your estate will be distributed to and in what proportions.

So do you really need a Will? It’s your decision to make, of course, but keep in mind that without a Will, even if you don’t own major assets, your loved ones might need to apply to Court to be appointed as the administrator of your estate. This means additional legal expenses and significant paper work during an already difficult time of loss.

If I am traveling internationally do I need to have a Will? What happens if I (or my loved one) dies while on vacation without a Will while we’re overseas?

Your estate would be dealt with in terms of where your assets are located. If you were to pass away while on vacation, this would not affect how your estate is dealt with. For example, if most of your assets are in British Columbia, then that is the jurisdiction under which your estate will be dealt with.

What happens to my belongings if I haven’t drafted a Will?

The Wills, Estates and Succession Act (WESA) has a process as to how your estate is distributed if you were to die intestate.

Generally, your estate would be provided to your spouse entirely if you do not have children. If you do have children, then your estate would be divided partially to your spouse based on certain qualifications and calculations and partially to your children.

If there is no spouse or children it would be distributed to your next of kin according to the guidelines in WESA. This would include, parents, then siblings and grandparents for example.

Closing thoughts

Preparing your Will properly can not only significantly reduce the emotional stress on your family, it also minimizes the financial pressure your loved ones could endure during an already difficult time of loss.

We understand that it can feel awkward, difficult, and even overwhelming to plan your Will or talk about Wills with the people you love, but we also know that the benefits of being prepared far outweigh those types of emotional barriers.

If you’re thinking about preparing your Will, we can help. Contact us at Bell Alliance and let’s start this important conversation together.