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Wills and Estates Planning

What to Take to Your Lawyer to Draft a Will in British Columbia

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What to Take to Your Lawyer to Draft a Will in British Columbia

If you are meeting a lawyer to prepare a will in British Columbia, the quality of that meeting depends on what you bring. A well-prepared will appointment can save time, reduce legal fees, uncover risks early, and help your lawyer draft a will that actually fits your family, your assets, and your goals.

This guide explains what to take to your lawyer for a will in BC, what decisions to make before the meeting, and which issues often require extra planning, especially for blended families, minor children, business owners, and people with foreign or digital assets.

Key Takeaways

  • Bring a full list of your family members, especially your spouse, children, stepchildren, and any dependants.
  • Bring the names and contact details of your proposed executor and backup executor.
  • Bring a rough list of your assets, debts, and how each asset is owned.
  • Bring any prior will, power of attorney, representation agreement, marriage agreement, separation agreement, or trust document.
  • Decide in advance who should receive specific gifts, who should receive the residue of your estate, and who should care for your minor children.
  • Tell your lawyer about blended family issues, corporate assets, foreign property, digital assets, disability planning, and any concern that a spouse or child may challenge the will.

Why Preparation Matters Before a Will Appointment

A will is not just a list of gifts. In British Columbia, a properly drafted will has to fit into a broader legal framework that includes intestacy rules, probate realities, beneficiary designations, family law issues, and potential variation claims by a spouse or child. The more accurate the information you bring, the better your lawyer can tailor the will to your situation.

Good preparation also helps your lawyer identify which assets may pass outside the will, which gifts may create tax or administration problems, and whether a trust, explanatory memorandum, or more advanced estate planning structure should be considered.

What to Bring to Your Lawyer to Draft a Will in BC

You can think of your preparation in two categories: information and instructions. Information tells your lawyer what exists. Instructions tell your lawyer what you want done with it.

  • ID and Family Information

Bring government-issued identification and a written summary of your personal and family details, including:

  • Your full legal name and any other names you use or have used
  • Your current address
  • Your marital or relationship status
  • Your spouse or common-law partner’s full legal name
  • The names and ages of your children
  • Any stepchildren, dependants, or other persons who may have expectations of support
  • Any former spouse or partner where support, property, or parenting issues remain relevant

This is one of the most important parts of a BC will meeting. In British Columbia, a spouse or child may have rights to seek variation of a will in some situations. Your lawyer needs the family picture before drafting distribution terms.

  • Executor and Alternate Executor Information

Bring the name, city of residence, relationship to you, and contact details of the person you want to appoint as your executor, plus at least one alternate. You should also think about whether that person is practical, organized, trustworthy, and willing to act.

If you are considering multiple executors, discuss whether they are likely to cooperate well. If one proposed executor lives outside Canada, mention that to your lawyer, because cross-border issues can affect administration, taxation, and practical management of the estate.

  • Guardian Wishes for Minor Children

If you have children under 19, bring the names of the people you would want caring for them if you die while they are still minors. Also think about backup choices.

It helps to provide:

  • The proposed guardian’s full name and relationship to the child
  • Whether the person is willing to act
  • Any concerns about age, health, location, parenting style, or finances
  • Any existing court order or separation agreement relevant to guardianship

Your lawyer may also ask whether funds should be held in trust for the children and at what age a child should receive an inheritance outright.

  • Asset List and Ownership Details

Bring a rough list of your assets. It does not need to be perfect, but it should be reasonably complete. Estimated values are helpful.

Your list should include:

  • Real estate in BC or elsewhere
  • Bank accounts
  • Investment accounts
  • RRSPs, RRIFs, TFSAs, FHSAs, RESPs, and pensions
  • Life insurance policies
  • Private company shares
  • Partnership or professional interests
  • Vehicles, jewellery, artwork, collectibles, and other high-value personal property
  • Foreign assets
  • Digital assets and online financial accounts

Just as important as the asset itself is how it is owned. Tell your lawyer whether each asset is held:

  • In your sole name
  • Jointly with another person
  • As a beneficiary-designated asset
  • Through a corporation or trust
  • In another jurisdiction

Many people assume their will controls everything they own. It does not. Some assets may pass outside the estate depending on title and beneficiary designations.

  • Debts, Liabilities, and Ongoing Obligations

Bring a list of your major debts and legal obligations, such as:

  • Mortgages
  • Lines of credit
  • Tax liabilities
  • Personal or business loans
  • Guarantees
  • Support obligations
  • Separation-related payment obligations

Your lawyer should understand not just what you own, but what your estate may owe.

  • Existing Legal and Estate Planning Documents

Bring copies of any existing documents that could affect the drafting of your new will, including:

  • Any prior will or codicil
  • Enduring power of attorney
  • Representation agreement
  • Advance directive
  • Marriage agreement or cohabitation agreement
  • Separation agreement
  • Divorce order
  • Trust deed or trust declaration
  • Shareholder agreement
  • Buy-sell agreement
  • Relevant court orders

These documents often change how a will should be drafted and may reveal conflicts, restrictions, or obligations that should not be overlooked.

  • Your Instructions on Who Gets What

Your lawyer will need clear instructions, even if they are still tentative. Before the meeting, think about:

  • Who should receive specific gifts
  • Who should receive the residue of the estate
  • Whether gifts should be equal or unequal
  • What should happen if a beneficiary dies before you
  • Whether any beneficiary should inherit immediately or in trust
  • Whether any charitable gifts should be included
  • Whether you want a memorandum for personal effects

If you want to exclude or significantly reduce a spouse’s or child’s share, do not assume that is a simple drafting decision in BC. That is the kind of issue that requires careful legal advice

  • Special Circumstances You Must Tell Your Lawyer About

Some facts make estate planning more sensitive. Tell your lawyer if any of the following apply:

  • You are in a blended family
  • You have a child from a previous relationship
  • You are estranged from a spouse or child
  • You support a disabled beneficiary
  • You own property outside BC or outside Canada
  • You are a business owner or professional corporation shareholder
  • You expect conflict among beneficiaries
  • You want to protect a vulnerable beneficiary from financial abuse or poor spending
  • You have concerns about capacity, undue influence, or future disputes

These are not side notes. They often determine whether a simple will is enough or whether more advanced planning is needed.

  • Digital Assets and Online Accounts

Digital assets are now a routine part of estate planning. Make a list of important online accounts and digital property, such as:

  • Email accounts
  • Cloud storage
  • Online banking and brokerage access
  • Cryptocurrency wallets and exchange accounts
  • Websites and domain names
  • Monetized social media or creator accounts
  • Password manager access
  • Subscription-based digital businesses

Do not put raw passwords into the will itself. Instead, discuss with your lawyer the safer way to document access and authority.

  • Business Interests and Corporate Documents

If you own a company or professional practice, bring the relevant corporate documents. At minimum, this usually means:

  • Corporate records summary
  • Share structure information
  • Shareholder agreement
  • Buy-sell agreement
  • Partnership agreement, if any
  • Basic financial picture of the business
  • Information about key-man insurance or buyout funding arrangements

Business assets can create major delays and disputes if they are not integrated into the estate plan properly.

What People Commonly Forget to Bring

  • Beneficiary designations on registered plans and insurance
  • Accurate legal names of beneficiaries and executors
  • Foreign property details
  • Digital assets
  • Corporate documents
  • Separation agreements or old court orders
  • Information about loans made to family members
  • Information about jointly held assets

Important BC-Specific Legal Points

When preparing for a will in British Columbia, remember these practical points:

  • If you die without a will, your estate is distributed according to BC intestacy rules rather than your wishes.
  • A BC will generally must be in writing and signed with two witnesses present at the same time, subject to statutory exceptions and curative powers.
  • BC law now recognizes electronic presence and electronic signatures in the wills framework.
  • You can register the existence and location of your will by filing a Wills Notice.
  • In BC, spouses and children may have rights to challenge a will for inadequate provision.

Simple Will Appointment Checklist

If you want a one-page version, take this to your lawyer:

  1. Government-issued ID
  2. Full names of spouse, children, and beneficiaries
  3. Name and contact details of executor and alternate executor
  4. Guardian choices for minor children
  5. List of assets and approximate values
  6. List of debts and obligations
  7. Copies of prior wills and related legal documents
  8. Corporate, trust, or foreign asset information
  9. List of digital assets
  10. Written instructions on who gets what

When to Speak to a Lawyer Urgently

Book legal advice promptly if any of these apply:

  • You are separating or divorcing
  • You recently married or entered a common-law relationship
  • You bought or sold major property
  • You started or restructured a business
  • You have a blended family
  • You want to disinherit or limit a spouse or child
  • You have foreign assets or multi-jurisdictional issues
  • You are concerned about future litigation

Frequently Asked Questions

No. A reasonable estimate is usually enough for the first meeting. Your lawyer mainly needs a complete picture of what you own and how it is held.

Usually not for a basic first appointment, unless your lawyer specifically asks for them. A written list is often enough to start.

Yes. Bring any prior will, codicil, or related estate planning document so your lawyer can review what already exists and whether anything conflicts.

Bring your proposed guardian choices and think about whether your children should inherit at age 19 or at a later age through a trust.

Bring your proposed guardian choices and think about whether your children should inherit at age 19 or at a later age through a trust.

Yes. Digital assets now matter in many estates, especially where there are financial accounts, business accounts, domains, cloud storage, or cryptocurrency.

Some people do, but that is not always appropriate. If you have a spouse, children, business interests, foreign assets, or any risk of dispute, legal advice is strongly recommended.

Not always. Joint ownership and beneficiary designations can cause property to pass outside the will. Your lawyer needs to review the ownership structure.

Yes. These documents are often reviewed together as part of a broader estate and incapacity plan.

Final Thoughts

If you are wondering what to take to your lawyer for a will in BC, the answer is simple: bring a clear picture of your family, your assets, your obligations, and your intentions. The better the information, the better the will.

A will appointment is not only about signing papers. It is a legal planning meeting that can affect your family’s administration costs, timing, and risk of conflict after death. Proper preparation gives your lawyer the tools needed to draft a will that is practical, legally informed, and tailored to British Columbia law.

Contact our office if you need help preparing a will in British Columbia, reviewing an existing will, or building a more complete estate plan with powers of attorney and incapacity documents.

Disclaimer: This article is for general information only and is not legal advice. Estate planning outcomes depend on the facts of each case, including family structure, asset ownership, and related legal documents. Speak with a BC lawyer or notary about your specific circumstances.

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