Best Will & Testament Lawyers in New Westminster

About Will & Testament Law in New Westminster, Canada

A Will & Testament is a legal document that details how a person's assets and property should be distributed after their death. In New Westminster, British Columbia, a valid Will helps to ensure that a person’s wishes are followed while minimizing disputes among heirs. It also allows individuals to appoint guardians for minor children, set out funeral arrangements, and specify other personal wishes. Without a valid Will, assets are distributed according to provincial intestacy laws, which may not align with the deceased’s intentions.

Why You May Need a Lawyer

Many people wonder if they need a lawyer to make a Will. While individuals can prepare their own Wills, there are several situations where it is advisable to seek professional legal assistance:

• Your estate is complex or includes business interests, multiple properties, or investments.
• You have dependents with special needs or wish to set up a trust.
• You want to exclude a family member or have unique family dynamics.
• You need to ensure guardianship for minor children is properly established.
• You are concerned about the Will being contested or challenged.
• You are unclear about the legal requirements or want peace of mind that your Will is valid and enforceable.
• You have assets or beneficiaries in other provinces or countries.

A lawyer can draft or review your Will to help prevent future disputes, ensure compliance with local laws, and provide guidance specific to your circumstances.

Local Laws Overview

Wills and estates in New Westminster are governed by British Columbia's Wills, Estates and Succession Act (WESA). Some important aspects of local law include:

• An individual must be at least 16 years old and of sound mind to make a Will.
• The Will must be in writing and signed at the end by the testator (the person making the Will), as well as by two independent witnesses present at the same time.
• Handwritten (holographic) Wills are generally not recognized in British Columbia unless they meet strict requirements.
• If a person dies without a Will, the estate is distributed according to intestacy rules, which may result in unintended beneficiaries.
• A Will may be challenged or varied by certain family members, such as spouses or children, if they believe they have not been adequately provided for.
• Recent changes to BC law, such as the acceptance of electronic Wills and remote witnessing under certain circumstances, can affect how a Will is prepared and executed.
• Changing or revoking a Will must also comply with legal requirements to be valid.

Understanding and following these rules is key to making sure your Will serves its intended purpose.

Frequently Asked Questions

What happens if I die without a Will in New Westminster?

If you die without a Will, your assets are distributed according to British Columbia's intestacy laws. This means the law determines who inherits your property, which may not reflect your wishes.

Can I make my own Will, or do I need a lawyer?

You can prepare your own Will without a lawyer, but even small mistakes can make it invalid. A lawyer helps ensure your Will is legally sound, clear, and reflects your intentions.

Who can be a witness to my Will?

Any independent adult can witness your Will, but they should not be a beneficiary or spouse of a beneficiary, or they risk losing their inheritance.

Can I change my Will after it is signed?

Yes, you can change your Will by making a codicil (an amendment) or by preparing a new Will. You must follow the same signing and witnessing requirements.

Are handwritten Wills valid in New Westminster?

Handwritten Wills (holograph Wills) are not generally valid in British Columbia unless they comply with specific legal requirements. It is safer to have a typed, properly witnessed Will.

What is probate, and do all Wills go through probate?

Probate is the legal process of validating a Will and appointing an executor to administer the estate. Not all Wills require probate, but it is common, especially when significant assets or real estate are involved.

Can my Will be contested?

Certain individuals, such as spouses and children, can challenge or seek to vary your Will if they feel they were not adequately provided for, especially under WESA.

What if I have assets outside British Columbia?

If you have assets in other provinces or countries, different laws may apply. You may need multiple Wills or legal advice to ensure your wishes are carried out.

Who should I name as my executor?

You should name a trustworthy adult who is willing and able to carry out your wishes. Some people choose a family member, friend, professional, or trust company.

How often should I update my Will?

Review your Will every few years or after major life events such as marriage, divorce, birth of children, or significant changes to your assets or wishes.

Additional Resources

For further guidance and help with Wills & Testaments in New Westminster, consider contacting these resources:

• British Columbia Ministry of Attorney General - provides public information on Wills and estates.
• The People’s Law School - offers free information and guides to help you understand your rights and options.
• Access Pro Bono Society of BC - offers free and low-cost legal advice and clinics.
• New Westminster Public Library - provides access to legal information materials.
• Society of Notaries Public of British Columbia - helps find qualified notaries for Will preparation.
• Law Society of British Columbia - allows you to search for a qualified lawyer in your area.

Next Steps

If you need legal assistance with a Will or Estate matter in New Westminster, consider the following steps:

• Make a list of your assets, beneficiaries, and any special wishes.
• Decide who you would like to act as your executor.
• Contact a local lawyer or notary public specializing in estate planning to discuss your needs.
• Consult available public or free resources for basic information if you have simple questions.
• Review your Will regularly, especially after major life changes, to ensure it continues to reflect your intentions.

Creating or updating a Will is an important step in safeguarding your wishes and your family’s future. If you are in doubt, a qualified legal professional can provide peace of mind and expert advice tailored to your circumstances.