British Columbia Law

Personal Planning - Failing to Plan Is Planning to Fail

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

Personal Planning involves making deliberate decisions — in writing — so that you have a clear, legally enforceable plan for your life, your health, and your estate. As the old adage goes: failing to plan is planning to fail. And in the legal context, the cost of failing to plan is borne not just by you, but by everyone who loves you.

Why Written Plans Work

Research in psychology consistently shows that people are far more likely to achieve their goals when they write them down. The same principle applies to legal planning. A written plan is not just a statement of intent — it is a legal record that binds others to follow your wishes, protects your assets, and gives your family clarity in moments of stress and grief.

In addition to written plans for personal and business goals, you need legally correct documents to prepare for life's usual events — accidents, illness, incapacity, and death. Planning for these events in advance is far cheaper and less stressful for your family and friends than dealing with them unprepared.

Two Time Periods, Two Sets of Documents

The most important distinction in personal planning is between events that occur before your death and events that occur after your death. Most people know they need a Will — but a Will has no legal effect until the moment you die. For everything that happens while you are alive but unable to manage your affairs, you need different documents entirely.

Documents for Events Before Death

BC law provides three key lifetime planning documents:

1. Enduring Power of Attorney (EPA): Authorizes a trusted person (your "attorney") to manage your financial and legal affairs — banking, paying bills, managing property, signing contracts — if you become incapacitated. Under BC's *Power of Attorney Act*, an EPA specifically survives the loss of legal capacity, which is precisely when it is needed. Without an EPA, your family may need a costly court process to obtain a Committee Order simply to manage your finances.

1. Representation Agreement (RA): Under BC's *Representation Agreement Act*, this document authorizes your chosen representative to make health care and personal decisions on your behalf — including medical treatment, living arrangements, and end-of-life care. A Section 9 RA, which covers major health care decisions, can only be made while you have full capacity.

1. Advance Directive: Written instructions directly to health care providers about the specific treatments you want — or do not want — if you cannot communicate. Advance Directives give providers direct guidance without requiring them to consult your representative first.

Documents for Events After Death

After your death, the documents above lose all legal effect. Your estate is then governed by:

• Your Last Will & Testament: The legally recognized record of your wishes for your estate — who administers it (your Executor), who receives your assets (your beneficiaries), how specific gifts are made, and how the residue is distributed. Without a valid Will, your estate is distributed according to BC's Wills, Estates and Succession Act (WESA) intestate succession rules — which may bear little resemblance to your actual wishes.
• Beneficiary designations on registered accounts (RRSPs, TFSAs, RRIFs) and life insurance policies pass outside your Will. These designations must be reviewed and updated after major life changes (marriage, separation, birth of children).

The BC Context: WESA and Your Obligations

Under WESA, BC recognizes the right of a spouse or adult child to challenge a Will that does not provide adequate provision for their maintenance and support — even if the Will is perfectly valid. This is called a wills variation claim. A well-drafted Will, with a clear explanation of your intentions and proper legal advice, significantly reduces the risk of a successful challenge.

Virtual Services Across All of BC

COVID-19 accelerated the shift to virtual legal services, and Sea to Sky Law™ has embraced it fully. We serve all of BC by phone or secure video, including the Lower Mainland and Fraser Valley. Whether you are in Prince George, Victoria, Kelowna, or Kamloops, we can meet with you online to put your personal plan in place.

The best time to plan is before you need it. Contact Sea to Sky Law™ today to discuss a complete personal plan — Enduring Power of Attorney, Representation Agreement, and Last Will & Testament — tailored to your circumstances.

The Cost of Not Planning

The court process for obtaining a Committee Order (when someone becomes incapacitated without an Enduring Power of Attorney) can cost $10,000–$30,000 or more, takes months, and leaves family members in a difficult position in the interim.

By contrast, a complete set of personal planning documents — Will, EPA, and Representation Agreement — typically costs a fraction of that amount and takes only a few appointments to complete.

Updating Your Plan

Personal planning is not a one-time event. Your documents should be reviewed and updated when your family circumstances change — marriage, separation, divorce, the birth of a child or grandchild, or a major change in your assets or health.

In BC, marriage after a Will is made does not automatically revoke it (as it did under the old law), but divorce or separation does affect certain provisions. A regular legal checkup every 3–5 years is good practice.

Sea to Sky Law™ Personal Planning Services

We offer personal planning packages for individuals and couples — by phone or secure video from anywhere in BC. Our packages include:

• Simple Will — for straightforward estates
• Mirror Wills — for couples with similar estate plans
• Complex Wills with Trusts — for blended families, beneficiaries with special needs, or significant assets
• Enduring Power of Attorney — financial and legal decision-making
• Representation Agreement — health care and personal decisions
• Complete Personal Planning Package — all three documents, coordinated and reviewed together

Whether you are 25 or 85, the right time to plan is now — before a crisis makes planning impossible.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.