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You are here: Home / Wills & Probate

Wills & Probate

Will And Testament Lawyers And Notaries Cranbrook Law Firm

Please contact our office to book an appointment for an initial consultation about the preparation of your Will. We are pleased to help you with both simple and complicated wills as well as with the probate of estates.

 


 

WILLS

Why Should I have a will?

If you have a valid will, you get to decide how your assets are distributed after your passing, and to whom. In a will, you can also appoint who is to be the legal guardian of any minor children. If you do not have a will, your assets are distributed, and guardians are appointed for any minor children, in accordance with British Columbia legislation.


 

POWERS OF ATTORNEY

What is a Power of Attorney?

A Power of Attorney is a document in which you appoint someone to make financial and legal decisions on your behalf. It is valid only while you are living and the power ends upon your death. A Power of Attorney does not include the power to make health and/or personal care decisions on someone’s behalf.


 

Why might I want an Attorney?

Appointing a person to be your Attorney under a Power of Attorney allows that person to take care of any financial responsibilities or legal matters that you have, in the event that you become incapacitated, experience illness or an accident, or in the event that you are not available due to a job situation, travel, etc. An Attorney’s responsibilities can include anything from day-to-day banking, renewing mortgages, managing the sale of a business, etc. You have the ability to restrict the powers of your Attorney as you prefer or to give your Attorney powers broad enough to cover all your financial affairs whether you are capable or become incapable.


 

REPRESENTATION AGREEMENTS AND ADVANCED DIRECTIVES

What is the difference between a Representation Agreement and an Advanced Directive?

A Representation Agreement appoints a person of your choosing to make health care and personal care decisions for you when you are no longer capable of making those decisions yourself.  An Advanced Directive is a legally binding document which specifies what health care decisions you want made, in the event you are no longer capable of making those decisions yourself. An Advanced Directive is legally binding on both health practitioners and your Representative, if you have chosen one through a Representation Agreement.


 

PROFESSIONAL SERVICE

What are the benefits of working with a professional to have these documents prepared?

We provide all services from the preparation of your will to the eventual administration of your estate, including the following:

  • Drafting wills, powers of attorney and representation agreements;
  • Assisting clients to structure their estate plan;
  • Ensuring that you have plans in place to deal with the possibility of a temporary or permanent incapacity;
  • Recording and storing all documents in a fire proof safe;
  • Testamentary and inter vivos trusts;
  • Assisting clients draft their health directives/representation agreements;
  • Committee applications so clients can assist their ailing loved ones who no longer can make decisions for themselves.

 


 

For more information, you can also check out our Frequently Asked Questions page.

While a will is a critical step in planning for the future, a comprehensive estate plan is much more than a will – the right plan minimizes taxes and probate fees, and represents your wishes both now and in the future. Proper estate planning assisted by skilled and experienced professionals allows you to ensure that your goals and intentions will be carried out properly and cost effectively.

Our lawyers work closely with other estate professionals, including your accountant and financial planner to assist our clients create the right plan for their own personal needs. With all our estate clients, we conduct a complete profile interview to assess their unique planning needs including: disabled beneficiaries, corporate trustees, and mixed families.

You can get started right now by filling out our Will Information Questionnaire. Simply click the button below or contact us today and we can help guide you in the right direction.
 

Will Questionnaire

 

Disclaimer: Please note that this website provides general legal information only and nothing within it should be considered to be legal advice. You should consult a lawyer to obtain legal advice about your particular legal matter. No solicitor/client relationship is created by using this site.

Smith Alliance Lawyers & Notaries is a full service law firm. We can help you with your real estate and manufactured home transfers, wills, estate planning and probate, family law, civil litigation, criminal defence, employment law, corporate/commercial matters, powers of attorney and representation agreements, and notarizations.

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19 – 10th Avenue South
Cranbrook, BC
V1C 2M9

Ph: 250-426-4352

Fax: 250-426-2947

Hrs: Mon-Fri 8:30 am to 4:30 pm

Providing legal services through Duncan F. Smith Law Corporation
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