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{{Dial-A-Law TOC|expanded = wills}}
==Why should you make a will?Understand the legal framework==Every adult who owns assets or has a spouse or young children should have a will. But surprisingly, many people don’t. The few hours that you spend with a lawyer planning your estate could save your spouse, children, and other beneficiaries much time, effort, and money. If you don’t have a will, you lose control over who gets how much of your estate and when. You also give up the right to appoint a guardian for any young children you have. And the costs to administer your estate will be much higher. Script 176, called “Making a Will and Estate Planning”, has more on this.
==How is your estate divided if =Why you die without should prepare a will?===If you die without Every adult who owns assets or has a spouse or young children should have a will. But surprisingly, BC’s ''[http://wwwmany people don’t.bclaws.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'' (WESA) controls how your estate will be divided, as follows:*If The few hours you have a spouse and no descendants, spend planning your estate goes to could save your spouse. A '''descendant''' means a surviving person of the generation nearest to you. This will almost always be , children only. For example, even if there are grandchildren aliveand other beneficiaries much time, effort, if their parent is alive (your child) the grandchildren will not share in the estateand money. *If you don’t have a spouse and descendantswill, then what goes to whom depends on whether the descendants are also your spouse’s descendants. If so, your spouse you lose control over who gets the first $300,000 how much of your estateand when. If not, your spouse gets You also give up the first $150,000 of your estate. Then one half of the rest of your estate goes right to your spouseappoint a guardian for any young children you have. The other half is divided among your descendants. Your spouse has And the right costs to acquire the family home from administer your estate as part of their sharemay be much higher.*If you have more than one spouse Our information on [[Making a Will and Estate Planning (possible under WESA, and explained later in this scriptScript 176), they share the spouse’s share equally (unless they agree or |preparing a court decides differently).*If you have no spouse, then your estate is divided among your descendants equally.*If you have no spouse and no descendants, then your estate goes to your parents. If your parents aren’t alive, it goes to your brothers will and sisters, divided among them equally.*There are other rules to figure out which next of kin may receive your estate if you have no spouse or descendants, and your parents and siblings aren’t alive or you have no siblings.*If no one qualifies under the rules as your next of kin, your estate is said planning]] provides guidance on how to “escheat” to the crown. This means it goes to the provincial governmentprepare a will.
==Spouse include common-The law spousesays how your estate is distributed if you die without a will==The definition of If you die without a will, BC’s ''[http://canlii.ca/t/52x69#sec20 Wills, Estates and Succession Act]'' says how your estate will be divided. Your money and property will be divided as follows:*If you have '''a spouse and no descendants''', your estate goes to your spouse. A '''descendant''' in WESA includes means a surviving person who has lived with of the generation nearest to you for at least 2 years in . This will almost always be children only. For example, your grandchildren would only get a marriage-like relationship immediately share of your estate if their parent (your child) died before you. *If you have '''a spouse and descendants''', then what goes to whom depends on whether the descendants are also your deathspouse’s descendants. It can If you have a spouse and children — all of whom are also your spouse’s children — your spouse will get the first $300,000 of your estate and half of what’s left over. The other half will be a common-law gay or lesbian relationshipdivided equally among the children. *If ''any'' of your children are not also your spouse’s children, your spouse gets the first $150,000 of your estate. Then one half of what’s left over also goes to your spouse. The other half is divided among your descendants (usually your children). Your spouse has the right to acquire the family home from your estate as part of their share. So *If you have '''more than one person could be spouse''' (possible under [http://canlii.ca/t/52x69#sec2 the law]), they share the spouse’s share equally (unless they agree or a court decides differently).*If you have '''no spouse''', then your estate is divided among your descendants equally.*If you have '''no spouse and share in no descendants''', then your estategoes to your parents. If your parents aren’t alive, it goes to your brothers and sisters, divided among them equally.
==Who can apply =You don’t have to be married to administer your estate?be considered a spouse===Your In this context, a '''spouse is the first ''' includes a person who can apply or nominate someone else to apply. If has lived with you have no spouse or if for at least two years in a marriage-like relationship immediately before your spouse is unwilling or unable to be the administrator, then a relative can applydeath. If there are no relatives willing or able to do this, then any other eligible person Same-sex common-law partners can apply to be the administrator. This may include a friend of yours, or a professional such as a lawyer or accountant. The Public Guardian and Trustee—as Official Administrator for the province of BC—might also apply to administer your estate, if no one else is willing to do itpartners.
This means that more than one person could be your spouse and share in your estate. ===The court may need to appoint someone to look after your children===With a will, you can appoint a '''guardian''' to look after any young children you leave behind after you die. If you die without a will, the court will need to appoint a guardian if you have children under 19 and the other parent isn’t alive. ===A minor’s share will be paid to the Public Guardian and Trustee===If you die without a will, if anyone who is entitled to a share in your estate is not yet 19 years old, [http://canlii.ca/t/52x69#sec153 the law] says their share will need to be paid to the '''Public Guardian and Trustee''. [http://www.trustee.bc.ca/Pages/default.aspx This public body] will become the trustee and will hold a minor’s share in an estate until they’re 19 years old. The child’s parent or guardian would have to apply to the Public Guardian and Trustee for any money needed for things like living expenses or education. This can be a hardship if the child is quite young and the parent or guardian needs the money for day-to-day expenses. When the child turns 19, they can demand all their money — no matter how much it is or whether they are mature or financially responsible. In contrast, if you have a will, you can make sure it is written so a minor’s share doesn’t need to be paid to the Public Guardian and Trustee. You can create a '''trust''' for gifts you leave to your minor children or anyone else who might still be a minor when you die, and appoint a trustee to manage the minor’s share until they turn 19. (If you don’t create a trust, a minor’s share might still be paid to the Public Guardian and Trustee, even if you have a will. Talk to a lawyer about drafting a trust for minors.) {| class="wikitable"|align="left"|'''Tip'''When you prepare a will, you have the choice to require that a minor’s share be held in trust beyond age 19. And you can direct that the share be used for the child’s benefit, including support and higher education, without government involvement.|} ===The court will appoint someone to control your estate===If you don’t have a will then you haven’t appointed an executor to manage your estate when you die. So someone will need to apply to court so they can legally deal with your estate. The person appointed by the court to manage the estate is called an '''administrator'''. ===There are certain people who can apply to administer your estate===The people who can apply to '''administer''' your estate are [http://canlii.ca/t/52x69#sec130 listed under the law] by order of priority. Your spouse is the first person who can apply or nominate someone else to apply. If you have no spouse or if your spouse is unwilling or unable to be the administrator, then a relative can apply. If there are no relatives willing or able to do this, then any other eligible person can apply to be the administrator. This may include a friend of yours, or a professional such as a lawyer or accountant. The Public Guardian and Trustee — as Official Administrator for the province of BC — might also apply to administer your estate, if no one else is willing to do it. ====Certain conditions may apply to appointing an administrator====If you have debts when you die, the person who applies to be the administrator must get your creditors to agree to the application. Also, the person who applies may have to get the agreement of other people who could be appointed administrator. And they the person may have to secure (deposit) money with the court (called a '''bond'''), to ensure they do the work honestly and competently. ===The duties of an administrator===
An administrator must:
*Make funeral arrangements, if required.
*Locate all the estate’s assets and make sure that they’re secure; for example, the administrator must ensure that cars or buildings are insured, and that important documents are in a safe place.*Advertise in a local newspaper the [https://www.crownpub.bc.ca/Home/Gazette BC Gazette] for potential creditors. *Sell assets that need to be sold. This includes listing and selling real estate after having it appraised; selling stocks, bonds, and other securities; and valuing and disposing of other personal belongings. *Sometimes, instead of being sold, assets may be given a certain value and transferred to an heir as part of their share of the estate.
*Locate all family members who may be heirs to the estate. This may involve contacting people outside of Canada.
*File all necessary income tax returns and obtain an Income Tax Clearance income tax clearance from the Canada Revenue Agency, confirming that all income tax has been paid.
*Put all money in an estate account and use it to pay the estate's debts, income taxes, legal and accounting expenses, and possibly an administration fee.
*Pay any money left over to the heirs(also called '''intestate successors'''). *Report to the beneficiaries, intestate successors listing all money received, debts and expenses paid, fees charged, and details of how the estate was distributed. ==Common questions== ===Do I need a lawyer or notary public to help with estate planning?=== With good do-it-yourself materials, you can write a simple will. The will can take care of basic concerns, such as leaving a home, investments, and personal items to loved ones.
[updated February 2018]
'''The above was last reviewed for legal accuracy by [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan and edited by John Blois], McLellan Herbert.''' ----
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