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Wills and estate matters are handled by lawyers at Hemminger Law Group Westshore. Your will is what you need as part of your estate planning process. What is estate planning? Wikipedia defines estate planning as: the process of anticipating and arranging for the disposal of your assets during your life. It typically attempts to eliminate uncertainties over the administration of someone's assets by reducing taxes and other expenses. Additionally, guardians are often designated for minor children and beneficiaries in incapacity.
Putting it more simply, it is the overall plan as to how someone’s assets get distributed after they die. You need a will as part of that plan. Wills and estate matters are now governed by the Wills, Estates, and Succession Act in British Columbia. We lawyers like to call it WESA (because lawyers don't often get to use really great sounding acronyms. WESA is a really great sounding acronym, just saying).
At Hemminger Law Group Westshore, we recommend very highly that you get your will done. We also recommend very highly that you get a lawyer to draft your will. This is because when people do their own wills using homemade will kits, there are often significant errors that can result in the will being invalidated. Nobody wants that to happen.
At least in the legal context, as in why you would see the word "estate" listed on a law firm's website, has to do with the property that is distributed after a person dies. A deceased person's estate will be distributed in accordance with their will, or, if they failed to do a will, in accordance with, yes, you guessed it, WESA.
Sometimes being the executor or administrator of a will and distributing someone's estate can be overwhelming. Even if it is not overwhelming, lots of executors seek the assistance of a lawyer for help in fulfilling their duties as the executor of an estate. The fees for legal help, particularly in this context, are very reasonable. Some executors wish to use legal assistance simply to ensure they do everything right for the estate they are handling.
At other times, someone may be unhappy about a will. Maybe they thought they should have been left a greater proportion of an estate than they were left by a deceased. We call this estate litigation. If you have been left out of a will and believe it is unfair, you may want to seek legal advice from a lawyer.
By Val Hemminger, lawyer on the Westshore
This article will help point you to where you begin when organizing your affairs. For most of us, getting this stuff done is boring, we know. It is, however, necessary, not only for your piece of mind, but for those you love.
We say doing a will is important for all kinds of reasons.
Estate litigation is interesting and challenging because unlike in other types of litigation, the parties to the dispute know each other.
Although we did not want to talk about it with her, our Mom insisted upon arranging for, planning and paying for her own funeral. When the day came, we were able to focus on celebrating her life and remember the day with fondness.
Meet Jake. He and Marion executed their powers of attorney years ago. Now Jake needs his affairs looked after. Thanks to organizing their affairs, Marion can take care of Jake's financial and other needs.
A representation agreement is a great document to have "just in case" you need it. It is so someone you trust can make decisions about your care if you can't make them yourself.