Most people put off estate planning because it feels distant or uncomfortable. But getting a proper will and estate plan in place is one of the most practical things you can do for the people you'll leave behind — it prevents confusion, delays, and disputes at an already difficult time.
What a wills and estates lawyer actually does
A wills and estates lawyer helps you plan for two distinct scenarios: what happens to your affairs while you're alive but unable to manage them yourself, and what happens to your estate after you die.
This typically includes:
- Drafting a legally valid will that reflects your actual wishes
- Preparing a power of attorney for financial decisions during incapacity
- Preparing a representation agreement for healthcare decisions
- Advising on strategies to minimize probate fees and avoid disputes
- Guiding executors through the probate and estate administration process
- Handling disputes between beneficiaries or challenges to a will's validity
Why a DIY will kit is often a false economy
DIY will kits are inexpensive and widely available, but they cause problems disproportionate to what they save. Common issues include:
- Improper execution (missing witnesses, witnesses who are also beneficiaries, which can invalidate gifts to them)
- Ambiguous language that creates disputes between beneficiaries after death
- Failing to account for BC-specific rules, like spousal and child entitlements under WESA
- Not addressing what happens if a beneficiary predeceases you
- Missing tax planning opportunities that a lawyer would catch
The cost of fixing these problems after death — through litigation, court applications, or family disputes — is almost always far higher than what a lawyer would have charged to do it properly the first time.
What to look for in a Nanaimo wills and estates lawyer
Specific experience with estate planning — many general practice lawyers offer wills as a side service. Someone who focuses specifically on wills and estates will be more attuned to nuances like blended families, business succession, or disinheritance risk.
Clear, flat-fee pricing — most wills and estates work in BC is billed as a flat fee rather than hourly, making it easier to budget. Be cautious of lawyers who can't give you a clear estimate upfront.
Willingness to explain, not just draft — a good estate lawyer walks you through the implications of your choices, rather than just turning your instructions into legal language. This matters especially around guardianship designations, unequal distributions, and trust structures.
What to prepare before your first meeting
Coming prepared makes your first meeting more productive and can reduce your overall legal cost. Bring or have ready:
- A list of your assets (real estate, bank accounts, investments, life insurance, pensions) and roughly their value
- A list of debts and liabilities
- Names and relationships of people you want to benefit, and roughly how you want to divide your estate
- Your choice of executor (and a backup, in case your first choice can't serve)
- If you have minor children, your choice of guardian
- Any specific wishes for personal items, funeral arrangements, or charitable gifts
- Details of any prior wills
Understanding probate in BC
Probate is the court process that validates a will and gives the executor legal authority to administer the estate. Not every estate requires probate — it depends on the types of assets involved and whether institutions (like banks) require it before releasing funds.
BC charges probate fees based on the value of the estate, calculated on a sliding scale. For larger estates, a lawyer can advise on legitimate strategies to reduce the probate-eligible estate, such as joint ownership structures or beneficiary designations on registered accounts.
What happens if someone challenges the will
Under BC's Wills, Estates and Succession Act, a spouse or child who believes they were inadequately provided for in a will can apply to vary it — even if the will is otherwise perfectly valid. These claims must be filed within 180 days of probate being granted.
This is one of the most important reasons to use a lawyer rather than a DIY kit, especially if your estate plan involves unequal treatment of children, a blended family, or disinheriting someone who might otherwise expect to inherit. A lawyer can help you structure your will and supporting documentation to minimize the risk of a successful challenge.
Updating an existing will
Your will should be reviewed after major life events: marriage, divorce, the birth of a child, a significant change in assets, or the death of a named executor or beneficiary. In BC, marriage no longer automatically revokes a prior will (a rule that changed in 2014), but divorce does revoke gifts to a former spouse unless your will specifically says otherwise. If any of these apply to you, your existing will may not say what you think it does.