Offering tailored estate
planning to our clients

Practical solutions to serve executors,
beneficiaries and the disinherited

You have worked hard for all that you have – it is time to protect it. Estate planning doesn’t have to be difficult, and can start at any age. Our lawyers appreciate that this is not the easiest process to go through, and understand each individual client has unique circumstances. Together, we will develop a customized strategy for you considering Tax, Estate and Trust laws, while also keeping practical solutions in mind, to optimize the benefit to your intended family members after you are gone.

Estate Planning

Estate planning is much more than just a Will. A typical Estate plan ensures that the big picture works together and includes a Will, as well as an Enduring Power of Attorney and a Representation Agreement. An Estate Plan can also include Trust documents and Life Insurance declarations, if required. All these documents are important tools which can help you reach your Estate Planning goals. Challenges, sensitivities, and important factors vary from person to person. Our Team commits to getting a clear understanding of your circumstances by asking questions about your family structure, your assets, and your debts to ensure we are able to best advise you of the implications of your proposed plans and to ensure your Estate Plan reaches your goals.

Wills

Our Team of lawyers is experienced in helping clients create a Will. Making a Will is an important part of planning for your family’s future but despite this, many people do not have one. A Will is a legally binding document that gives a clear statement of your last wishes, and gives you some control over who gets your assets after you pass away. Our lawyers understand that this is not an easy topic to discuss, but one that is extremely important to protect your loved ones along with everything you have worked hard for.

Our lawyers will ask several questions and work with you to select an executor who will speak on your behalf and carry out your last instructions. Knowing your intentions will save your family time, stress, and money at an extremely difficult time. 

If you die without a Will, your property will be divided according to B.C. law without regard to your final wishes, and the costs to administer your estate will increase. You’ll also be giving up the right to appoint the guardian of your choice for any children in your care.

Power of Attorney

A Power of Attorney is a crucial legal document that gives someone you trust the authority to make decisions on your behalf in case you are unable to do so, giving them the authority to manage your financial and legal affairs.

Whether it’s for health care decisions, financial matters, or legal affairs, a Power of Attorney provides peace of mind, knowing that your family’s best interests are in capable hands. Our experienced Team can help you navigate this vital process, ensuring that your loved ones are protected and their preferences are honoured.

Advanced Directives

The thought of not being able to make decisions on your own behalf if you are ever in a vulnerable state is frightening. If you have ever considered the possibility that illness or injury may leave you in a state of incapacity, then an Advanced Directive could be something to do for your estate planning needs.

An Advanced Directive (sometimes referred to as a Living Will, a Representation Agreement, or Advanced Care Directive) is a statement of how a person wishes to be treated if they are mentally incapacitated and facing either a terminal illness or have suffered a catastrophic injury.

A Representation Agreement is made between a person and a representative or series of representatives which sets out in written form how health care and financial decisions are to be made for that person in the event of incapacity.

These directives provide peace of mind for both you and your loved ones, sparing them from difficult decisions during challenging times. 

Elderly Parents

As our loved ones age, ensuring their wishes are honored becomes paramount. Estate planning is not just about assets; it's about peace of mind for the entire family. Help your elderly parents protect their legacy and make their intentions clear. Our compassionate Team specializes in guiding families through the estate planning process, offering tailored solutions that reflect their values and desires.

It is never too early to start to plan. Our Legal Team can help navigate clients through several matters including the steps for a Power of Attorney, protecting their property interests, and committeeship.

An Enduring Power of Attorney or even a Representation Agreement can be prepared by a lawyer so long as the parent is capable of giving instructions and is competent.

If your parent is no longer capable of managing their medical, legal, or financial affairs, you can ask the BC Supreme Court to appoint someone who will make personal and health related decisions including where the adult will live, as well as make all financial and legal decisions on behalf of the adult.

Trusts

Trusts can be recommended for many individuals regardless of age for several reasons. Trusts are used by clients looking to determine long-term control over complex assets, arrange for the care of vulnerable family members in the event of the caregiver’s death or incapacity, reduce income tax liabilities, or minimize or avoid probate fees. With its versatility, the creation of a trust is often an important part of the estate planning process at FH&P Lawyers.

Our Estate Planning Team will review every option with our clients and will discuss when the best time is to develop a trust, ensuring the most effective way to protect their interests. Our Team of lawyers have the experience and knowledge in designing a wide range of inter vivos and testamentary trust solutions, including:

• Family trusts
• Spousal trusts
• Alter-ego trusts
• Henson trusts
• Insurance trusts
• Pet trusts
• Cottage trusts
• Education trusts

Administration and Variation of Trusts

Our Estate Planning Team at FH&P Lawyers not only assists our clients in drafting a trust, but we can also plan for the long-term administration of those trusts. Our Team understands that life happens and can assist clients with any necessary changes that need to be done to the trust terms.

Estate Administration

Distributing a loved one's affairs following their death

Following the death of a person, their estate needs to be managed. An estate is made up of the assets owned by an individual at death. Estate Administration refers to the process of collecting and managing the estate, dealing with the funeral home, paying any debts and taxes, and distributing the remaining property to the heirs of the estate. These steps can be overwhelming without an understanding of the administration process.

Our Lawyer Team at FH&P Lawyers assists clients daily with this process and these basic duties:

• Completing an inventory and valuation of all assets and debts
• Gathering names and addresses of all beneficiaries and next-of-kin
• Cancelling subscriptions and charge cards, redirecting mail, and wrapping up other personal matters
• Taking control of all assets, including the transfer of ownership registrations and the collection of any debts
• Paying all valid or proven debts left to the estate (the Executor or Administrator may be held personally liable for these debts if they remain unpaid after the distribution of the estate)
• Filing the necessary Court documents for the estate
• Selling assets as necessary and distributing the estate
• Preparing and obtaining approval from the beneficiaries, heirs-at-law or the court for accounts showing assets, receipts, disbursements, and distribution of the estate

When There's No Will or Executor:

If no Will was left by the deceased, certain individuals are eligible to apply for a Grant of Administration in order to handle the estate. If successful, the person who is named as Administrator is legally able to administer the estate.

A special type of Grant of Administration called Administration with Will Annexed can also be used to assign an administrator if:

• The deceased did not name an Executor
• The Executor has died since the Will was made and no alternate Executor was named
• The Executor gives up the right to apply to the court for Probate without an alternate Executor being able to act

Probate

The Government of British Columbia explains that “Probate is a process that verifies a Will is real under B.C. laws. Whether a Will needs to be probated or not depends on the agencies and financial institutions that hold assets within an estate—they may require that a Will is probated before the assets are distributed or accessed by anyone.”

Overall, probate can be a lengthy and complex process, but it’s essential for ensuring that the deceased's wishes are honoured and that their estate is settled appropriately.

Navigating the complexities of estate administration can be overwhelming during a time of loss. Our dedicated Team is here to simplify the process, ensuring that your loved one's wishes are honored while providing support every step of the way.