British Columbia Law
Wills & Estates for Sea to Sky Corridor Homeowners
The Sea to Sky Corridor has experienced some of the most dramatic real estate appreciation in British Columbia over the past two decades. A Squamish home purchased for $400,000 in 2012 may be worth over $1 million today. A Whistler chalet acquired at the time of the 2010 Olympics has typically more than doubled in value. Pemberton acreages, once priced as agricultural outliers, are now sought-after rural retreats.
This appreciation is good news for corridor homeowners — but it creates a significant estate planning problem. Many corridor residents still hold the same estate documents they drafted years ago, when the property was worth far less, or — surprisingly common — have no estate documents at all.
What Happens Without a Will in BC
If you die without a will (intestate) in BC, your estate is distributed under the *Wills, Estates and Succession Act* (WESA). The rules are fixed by statute:
- If you have a spouse and no children: spouse receives everything.
- If you have a spouse and children: spouse receives a preferential share ($300,000 or the whole estate if smaller), then the balance is split equally between spouse and children.
- If you have children but no spouse: children share equally.
- If you have neither: the estate passes up the family tree through a statutory formula.
These formulas do not account for common-law partners of less than two years, blended families, specific bequests (the cabin to the child who uses it), business succession, or charitable giving. For most Sea to Sky corridor homeowners, the intestacy rules produce an outcome that does not match their actual wishes.
Probate Fees and Corridor Real Estate
Probate is the court-supervised process of validating a will and authorizing an executor to administer the estate. Probate fees in BC are:
- No fee on the first $25,000 of gross estate value
- $6 per $1,000 from $25,001 to $50,000
- $14 per $1,000 on everything above $50,000
For estates that include corridor real estate, these fees add up quickly:
| Property Value | Approximate Probate Fee |
|---|---|
| $700,000 (Squamish home) | ~$9,250 |
| $1,000,000 (Squamish or Pemberton) | ~$13,450 |
| $2,500,000 (Whistler chalet) | ~$34,450 |
These are government fees only — executor's legal fees are additional. Probate fees are calculated on gross value, not equity, so a highly mortgaged property still generates substantial fees.
Strategies to Reduce Probate
Several legitimate strategies can reduce the value of assets passing through probate:
*Joint ownership with right of survivorship:* Property held jointly passes to the survivor automatically, outside the estate. This works well for spouses, but can have unintended consequences with children or business partners.
*Designated beneficiaries:* RRSPs, TFSAs, RRIFs, and life insurance proceeds pass to named beneficiaries without going through the estate. These designations should be reviewed and kept current.
*Inter vivos gifts:* Transferring assets while alive removes them from the estate. However, gifts of real property trigger a deemed disposition for tax purposes and may have capital gains implications.
*Trusts:* Assets transferred into a properly structured trust during your lifetime may pass outside your estate. Trust planning for Sea to Sky properties requires careful legal and tax advice.
None of these strategies is universally appropriate — each has implications that depend on your family situation, tax position, and estate goals.
Updating Corridor Estate Documents
Estate documents should be reviewed whenever:
- Property values change significantly (corridor properties have appreciated dramatically)
- Family circumstances change: marriage, divorce, children, grandchildren
- You acquire new assets — particularly real property
- A named executor, beneficiary, or attorney moves away, dies, or is no longer your first choice
- BC law changes (WESA was last substantially amended in 2022)
For corridor residents, the rapid appreciation of corridor real estate since 2020 is itself sufficient reason to review existing documents.
Sea to Sky Law™ Estate Services
Andrew Liggett BA JD CD has drafted wills, powers of attorney, representation agreements, and estate plans for BC families for over 35 years. Sea to Sky Law™ offers virtual consultations by phone or secure video — Squamish, Whistler, and Pemberton clients do not need to travel to New Westminster to access quality estate planning counsel.
Call (778) 728-0208 or book a free intake call online.
*This article is for general information only and does not constitute legal advice. For advice specific to your situation, consult a qualified BC estate lawyer.*
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.