If you have a will, you have taken a valuable step towards communicating your end-of-life wishes. It can be difficult to think about this topic but being prepared can provide a peace of mind to you and your loved ones. If it has been a while since you initially wrote your will, it may be time to review it as life circumstances do change.
Here are some questions to consider if you are thinking about whether or not you need to update your will.
1. Did your marital status change?
If you got married or divorced, you may want to update your will to reflect the change. Under these circumstances, reviewing your beneficiary designations may also be a good idea.
2. Did your family structure change?
If you had or adopted a child recently, you would probably want to update your will so you can appoint a guardian to act in the event the surviving parent dies, leaving a minor child or children. Also if you have become a grandparent, you may want your grandchild to receive a benefit under your will. If there was a death in the family, you may also want to review your will.
3. Did you move?
Most estate law is provincial, therefore a move across provinces could mean different laws apply, which could affect the terms of the will. Even when you move locally, if your property and its address was identified in the will, you may want to update your will to reflect your current residency.
4. Has your financial situation significantly change?
If your financial situation has changed, you may want to make some adjustments to your will. If you are wondering about probate fees and taxes, the Canadian Bar Association has some information on their website here.
5. Are your representatives still appropriate choices?
If you have appointed executor(s), trustee(s) and attorney(s) in your will, are they still willing and able to act in those capacity?
There is a lot of information available to help you learn more about wills, here are a few resources:
- Wills and estate planning and Make-A-Will Week resources (from the Government of British Columbia)
- Writing your will (from The People’s Law School)
- Wills and personal planning resources (from Courthouse Libraries BC)
While Consumer Protection BC licenses and regulates the funeral industry, we do not have the authority to oversee wills. For more information about your rights and responsibilities when it comes to BC’s funeral services law, explore our website or blog.
ADDITIONAL READING:
Writing your will
Have you had “The Talk?” Top 5 things you need to know about funeral services
Your preneed cemetery or funeral services contract rights
With the new (albeit poor, inadequate & contrary to Canada’s Supreme court Carter decision) federal legislation as regards medical assistance in dying, what change is necessary to a representation agreement, ie. a “living will”?
Hi Ian, thank you for your question. I believe your question is best answered by a lawyer as we do not oversee wills. You may want to contact the Lawyer Referral Service from The Canadian Bar Association (BC) – you are entitled to up to a half hour consultation for $25 (plus tax). Here is the link to their website – http://www.cbabc.org/For-the-Public/Lawyer-Referral-Service
I hope they can point you in the right direction to find the information you are looking for.
Question? I was advised when dad passed to have my name put on mom’s condo and bank account to avoide probate. However, is this really a good idea, or shoud I be considering changing things.
Hi Randy, thanks for reaching out to us here. While we like to share information that we think is helpful to consumers on our blog and social media, we are not in a position to offer legal advice. That said, I’m happy to share some info about legal resources. You may be interested in contacting the Lawyer Referral Service from The Canadian Bar Association (BC) – you are entitled to up to a half hour consultation for $25 (plus tax). Here is the link to their website – http://www.cbabc.org/For-the-Public/Lawyer-Referral-Service. I hope this was helpful to you and best of luck!
We moved to a new community but still within BC.
My will says “This is the last will of me, NAME of , Our old address”
Do I need to legally update this or can I just cross it out and write in our new address?
Thank you
Hi Cindy, thank you for asking a question here. While we share helpful information for BC residents, we do not oversee laws surrounding wills and estate planning. I’ve done a quick search on Clicklaw (operated by the Courthouse Libraries BC) and there are some articles on wills so you may want to check them out here. Also, if you got your will done through a lawyer’s office, a quick phone call to them may be helpful. I hope you will be able to find out this information quickly!
Is it necessary to redo a will if a husband dies, but direction is in will wording to cover to next executors named as well as direction for estate benificiaries
Hi Donna, thanks for the question. I would suggest seeking legal advice from some of the resources listed in the blog above, as we only have authority over the funereal industry and do not oversee wills. I hope this helps