Chapters
Part 1 — 1-4 Will Clauses
1. Opening Clauses
2. Definitions Clauses
3. Executors Clauses
4. Guardians Clauses
Part 2 — 5-14 Will Clauses
5. Insurance Declarations
6. Benefit Plan Designations
7. Administrations Clauses
8. Debt Clauses
9. Real Estate Clauses
10. Corporate Interests, Advances/Loans, Reward Plans, and Priority of Gifts Clauses
11. Articles Clauses
12. RESP Clause
13. Cash Gifts and Funds Clauses
14. Pet Clauses
Part 3 — 15-19 Will Clauses
15. Residue — Outright Gift Clauses
16. Residue — Miscellaneous Preambles
17. Residue — Trusts Clauses
18. Residue — Discretionary Trusts for Life for a Beneficiary with a Disability Clauses
19. Residue — If All Else Fails Clauses
Part 4 — 20-22 Will Clauses
20. Power of Trustees Clauses
21. Funeral Wishes Clauses
22. Execution Clauses
Part 5 — Other Personal Planning Documents
23. Codicils
24. Revocation of Will
25. Memorandum of Articles and Letter of Wishes
26. Insurance Declarations (Separate Documents)
27. Benefit Plan Designations (Separate Documents)
28. TFSA Designations (Separate Documents)
29. Wills for First Nations Persons
30. Enduring Powers of Attorney
31. Nominations of Committee
32. Representation Agreements — Enhanced Powers for Health and Personal Care (s. 9)
33. Advanced Directives for Health Care (Personal Declarations and other Wishes)
34. Representation Agreements — General Powers (s. 7)
35. Jointly Owned Property
Part 6 — Questionnaires
36. Information Questionnaire for Wills and Estate Planning
37. Enduring Power of Attorney Questionnaire
38. Nomination of Committee Questionnaire
39. Representation Agreement (Health and Personal Care) Questionnaire
40. Advanced Directive Questionnaire
Part 7 — Letters and Checklists
41. Letters for Wills and Related Documents
42. Instructions for Executing a Will
43. Will Reminder Form
44. Reporting Checklist for Wills and Related Documents — During and After Execution
45. Checklist to Close a Will File
Part 8 — Sample Wills and Agreements
46. Simple "Death Bed" Will
47. Simple Representation Agreement (s. 9)
48. Sample Will
49. British Columbia Will (for a Multi-jurisdictional Estate)
Tables
Case Table
Statutes and Related Material Table
Index
About the Authors
Peter W. Bogardus, QC practised law with Davis & Company (now DLA Piper (Canada) LLP) from 1968 to 2011. He has more than 40 years' experience in matters relating to wills, trusts, and estate administration. He has held senior positions with the Wills and Trusts section of the BC Branch of the CBA, became a member of the Estate Planning Council of Vancouver in 1978, and was elected Fellow of the American College of Trust and Estate Counsel in 1990. He was a member of the editorial advisory boards of the British Columbia Probate and Estate Administration Practice Manual (1989—2011) and British Columbia Estate Planning and Wealth Preservation (2006—11) for CLEBC.
Mary B. Hamilton, QC graduated from Dalhousie University Law School and was called to the BC bar in 1987. She has over 30 years' experience in wills, trusts, and estate administration matters, practising at Alexander Holburn Beaudin + Lang (and previously with what is now DLA Piper (Canada) LLP and UBC—in the Development Office). She has held senior positions with the Wills and Trusts section of the BC Branch of the CBA, is a life member of the Estate Planning Council of Vancouver, and a contributing member of the Society of Trust and Estate Practitioners. Mary speaks regularly to groups of lawyers, allied professionals and the public on topics related to wills, trusts and estates. Mary has been selected by her peers for inclusion in The Best Lawyers in Canada in the area of Trusts and Estates 2006-present and was recognized by Best Lawyers in Canada in each of 2011, 2017, and 2021 as Trusts and Estates "Lawyer of the Year" in Vancouver. She is a member of the editorial advisory boards of the British Columbia Probate and Estate Administration Practice Manual and British Columbia Estate Planning and Wealth Preservation for CLEBC.
Sadie L. Wetzel advises on all aspects of estate planning, trusts and adult guardianship and regularly prepares wills, powers of attorney, representation agreements, and various types of trusts. Her advice is sought by individuals who want a comprehensive estate plan and by both trustees and beneficiaries of trusts regarding the proper administration of trusts (including trusts for individuals receiving provincial disability benefits).
Sadie has been recognized by Best Lawyers in Canada (Trusts and Estates) and has written extensively on wills, estate planning, trusts and provincial disability benefits. Sadie regularly presents to professional groups and has been a guest speaker at the Chartered Professional Accountants Association of BC, the Institute of Chartered Accountants of BC, CLEBC, the Pacific Business & Law Institute, the Wills & Trusts (Vancouver) Section of the CBA, and STEP (Society of Trust and Estate Practitioners (Canada). She also provides, and supervises the work of colleagues who provide legal services to qualified members of the MS Society on a pro bono basis.
Sadie is also the author of chapter 17 (The RDSP in Estate Planning) of British Columbia Estate Planning and Wealth Preservation and a contributing author of the Wills, Estates and Succession Act Transition Guide.