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Wills and estate planning in B.C.: What you need to know

Avoid common mistakes and protect your legacy with expert advice from CBM Lawyers鈥� Scott Payne
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Scott Payne, wills and estates lawyer with CBM Lawyers in 黑马磁力.Photo courtesy of CBM Lawyers.

Thinking about the future can feel overwhelming, but having a clear estate plan can make things easier for the people you care about most.

In British Columbia, come with unique rules. Whether you're writing a will, settling an estate, or questioning the fairness of an inheritance, it helps to know the basics.

Here are 5 fast facts to get you started:

  1. You can challenge a will in B.C.: Under the , spouses and children have the legal right to ask the court to vary a will. If the will doesn鈥檛 provide adequate, just and equitable support, a judge may change the distribution of the estate. 鈥淧eople are often surprised to learn that a valid will can still be changed,鈥� says in 黑马磁力. 鈥淏.C. has some of the most progressive estate laws in Canada when it comes to ensuring fairness for spouses and children.鈥�
  2. Deadlines matter: Anyone wishing to challenge a will must do so within 180 days of probate being granted. 鈥淭he time limit is strict,鈥� Payne notes. 鈥淚f you think something isn鈥檛 right, speak with a lawyer as soon as possible. It鈥檚 much easier to get answers early on.鈥�
  3. No will? The law decides: When someone dies without a will 鈥� called dying intestate 鈥� their estate is divided according to provincial law. This may not reflect their true intentions.鈥淚t often comes as a shock to families that they don鈥檛 get to decide how everything is handled,鈥� Payne says. 鈥淲ithout a will, you鈥檙e relying entirely on legislation to guide the process.鈥�
  4. Accidental disinheritance can happen: In blended families or second marriages, failing to update your will or clearly outline your intentions can result in children or other loved ones being unintentionally excluded.鈥淥ne of the most heartbreaking situations is when someone is accidentally disinherited,鈥� Payne explains. 鈥淚f you鈥檙e choosing to exclude someone, or to leave unequal shares, you need to explain the 鈥榳hy鈥� in a way that the court can understand and accept. Details matter.鈥�
  5. Review regularly: Major life changes such as marriage, divorce or the birth of children should prompt a review of your plan. 鈥淵our estate documents should reflect your life today 鈥� not where you were ten years ago,鈥� he adds.

With years of focused experience in wills and estates, Scott Payne brings steady guidance to families facing big decisions. 鈥淓state planning is about peace of mind. It鈥檚 knowing the people you care about will be looked after the way you intended.鈥�

Find more information on estate litigation at, or contact Scott Payne directly at 604-256-5954 or by email at spayne@cbmlawyers.com.