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A Will & Testament, generally referred to as a 'will', is a legally binding document that outlines how an individual wishes their assets to be distributed upon their death. The laws surrounding this in Burnaby, Canada, fall under the broader framework of British Columbia’s Wills, Estates and Succession Act (WESA). This legislation sets the rules for creating a will, updating a will, as well as what happens in case a person dies without making a will or if their will is deemed invalid. Individuals aged 16 or over can make a will in British Columbia, although there are specific requirements that must be met for it to be valid.
While it is possible to create a will without legal advice, hiring a lawyer is highly recommended because making a will can be a complex process. A qualified lawyer can help in drafting a will that reflects your wishes accurately and is legally sound. They may also assist in updating an existing will to reflect changes in your life, such as marriage, divorce, birth of children, acquisition of new assets or a move to a new province or country. If you die without a valid will, a lawyer can guide your family through the complex process of administering your estate. They can also help in situations where a will is contested or its validity is in question. A lawyer is especially necessary in situations where your estate is large or complex, or you want to set up a trust.
The key aspects of local laws relevant to Will & Testament in Burnaby, Canada are laid out in the WESA. The will must be made voluntarily and without pressure from anyone else. It must clearly outline how your assets will be distributed after your death and who will be the executor of your estate. This document must be in writing, signed by you in the presence of two adult witnesses, who must also sign it. Neither the witnesses nor their spouses can be beneficiaries of the will. If these conditions are not met, the will may be deemed invalid. In cases where no valid will exists, the provincial law outlines the process for distributing your estate, with preference usually given to your spouse and children.
Yes, you can create your own Will & Testament. However, because of the legal complexities involved, it's strongly recommended to seek professional legal assistance.
Your will should be updated after any significant change in your life, such as marriage, divorce, birth of a child, or acquisition of significant assets.
If you die without a valid will, the law will determine how your assets would be distributed, and this may not align with your wishes.
Yes. A will can be contested if anyone believes it is not a true reflection of your wishes or if it was made under undue pressure.
Yes, in British Columbia, the executor of a will can also be a beneficiary of the will.
You should appoint someone you trust and who is comfortable handling financial matters as your executor.
Under British Columbia law, you cannot fully disinherit your spouse or children unless they are financially independent.
Yes, you can leave any or all of your assets to a charity in your will.
If your financial or personal circumstances change, you should update your will to accurately reflect these changes.
Probate is the legal process that confirms the validity of a will and gives the executor the authority to distribute assets as per the will.
The BC Law Society provides resources and a lawyer referral service. The Canadian Bar Association (CBA) BC Branch publishes free legal information on making a will and estate administration. The People's Law School provides easy-to-understand legal resources on a variety of topics, including wills and estates.
If you need legal assistance with your Will & Testament in Burnaby, it's advisable to consult with a professional lawyer. You can approach the BC Law Society or the CBA BC Branch for lawyer referrals. You may wish to prepare a list of questions and gather all relevant documents before your consultation to ensure that your wishes are accurately represented in your will.
