Estate Planning in British Columbia: Wills, Representation Agreements & Power of Attorney

A comprehensive estate plan ensures your wishes are honored, your loved ones are protected, and administrative burdens are minimized. In British Columbia, modern estate planning involves three core legal instruments: a Will, an Enduring Power of Attorney, and a Representation Agreement.

1. Last Will and Testament (WESA)

The Wills, Estates and Succession Act (WESA) governs wills in British Columbia. A well-drafted will accomplishes several vital objectives:

• Appointing an Executor and Trustee to administer your estate;
• Naming legal guardians for your minor children;
• Directing the distribution of real estate, bank accounts, investments, and personal belongings;
• Establishing testamentary trusts for minor children or beneficiaries with disabilities (Henson Trusts);
• Minimizing probate fees and potential tax liabilities on deemed dispositions.

Note on Will Variation Claims: Under Section 60 of WESA, spouses and biological or adopted children have the right to challenge a will in the Supreme Court of BC if they believe they were not provided with adequate, just, and equitable financial provision.

2. Enduring Power of Attorney (EPOA)

While a will takes effect only after death, an Enduring Power of Attorney protects you during your lifetime. Under the BC Power of Attorney Act, this document authorizes a trusted person (your attorney) to handle your financial and legal affairs if you lose mental capacity due to illness, injury, or age.

3. Representation Agreements (Healthcare & Personal Care)

Under BC’s Representation Agreement Act, a Representation Agreement (typically Section 9 for adults with full capacity) allows you to designate a representative to make personal and healthcare decisions on your behalf if you become unable to do so. This includes medical treatments, medication, long-term care living arrangements, and end-of-life care directives.

4. Dying Without a Will in BC (Intestacy)

If you pass away without a valid will in British Columbia, your estate is considered intestate. Under WESA’s statutory distribution formulas, the court determines who administers your estate and how your assets are distributed, which often does not reflect your personal desires and can lead to costly delays.