Estate Planning in Victoria

Dawson Mullin Law assists clients throughout British Columbia with estate planning, wills, powers of attorney, representation agreements, trusts, and estate administration matters.

Estate planning involves organizing your personal and financial affairs and preparing for the management and distribution of assets after death or incapacity. A properly prepared estate plan can help reduce delays and uncertainty.

We work closely with clients to prepare estate plans tailored to their individual needs, including blended family considerations, business ownership, trusts, and incapacity planning.

A will is a legal document that sets out how a person’s assets and estate are to be administered and distributed following death. It also allows an individual to appoint an executor to administer their estate and appoint guardians for minor children.

Without a valid will, the administration and distribution of an estate is governed by the laws of British Columbia, which may not reflect an individual’s wishes or intended choice of executor.

We assist clients with preparing wills ranging from straightforward estate plans to more complex arrangements involving testamentary trusts and business interests.

Wills should be reviewed periodically to ensure they continue to reflect an individual’s wishes and circumstances. Circumstances that may warrant updating a will or estate plan include:

• Marriage, separation, or divorce
• Birth of children
• Death of a beneficiary, executor, or family member
• Purchase or sale of significant assets or business interests
• Change in financial circumstances
• Relocation to another province or country
• Retirement or business succession planning

Probate is the legal process through which the court confirms the validity of a will and the authority of an executor to administer an estate. Executors are often responsible for gathering assets, dealing with financial institutions, paying debts and taxes, and distributing assets to beneficiaries.

We assist executors and administrators throughout the estate administration process, including probate applications, estate documentation, asset transfers, and guidance regarding executor duties and obligations.

Estate planning involves a combination of wills, powers of attorney, representation agreements, trusts, beneficiary designations, and other planning arrangements depending on an individual’s circumstances and objectives.

A comprehensive estate plan can help ensure assets are managed and distributed in accordance with an individual’s wishes, address probate and estate administration considerations, and ensure appropriate decision-makers are in place in the event of incapacity or death.

An Enduring Power of Attorney is a legal document that authorizes another person to make legal and financial decisions on your behalf. An Enduring Power of Attorney may take effect immediately and continues if you become incapable of managing your own affairs.

Powers of Attorney are commonly used as part of incapacity planning and can assist in situations involving illness, cognitive decline, travel, or other circumstances where assistance with financial or legal matters may be required.

We prepare Enduring Powers of Attorney tailored to each client’s circumstances and wishes.

A Representation Agreement is a legal document that authorizes another person to make healthcare and personal care decisions on your behalf if you become incapable of making those decisions independently.

Representation Agreements are commonly used as part of incapacity planning and may address matters relating to medical treatment, healthcare decisions, living arrangements, and personal care.

Trusts may form part of a broader estate or succession plan depending on an individual’s circumstances and objectives. Trust arrangements can assist with business succession planning, management of assets, protection of beneficiaries, and other long-term planning considerations.

Testamentary trusts are created through a will and generally take effect upon death. Inter vivos trusts are established during a person’s lifetime and may be used for ongoing asset management and succession planning purposes.

We assist clients with establishing and reviewing trust arrangements and, where appropriate, work with clients’ accountants as part of the planning process.