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Estate Law · Planning & Administration

Estate Law

Comprehensive estate counsel — before and after death.

Sea to Sky Law™ provides complete estate law services covering both phases of estate work: pre-death estate planning — wills, powers of attorney, healthcare directives, trusts, and beneficiary structures — and post-death estate administration, including probate, executor duties, and estate distribution under BC's Wills, Estates and Succession Act (WESA). We also have particular depth in the estate consequences of family transition, because separation and divorce trigger immediate, mandatory changes to every aspect of an existing estate plan.

Two Phases — One Comprehensive Service

Estate law has two distinct phases. The first is planning: putting the right documents in place while you are alive and capable — wills, powers of attorney, healthcare directives, representation agreements, and trust structures. The second is administration: acting as or advising an executor after a death — applying for probate, notifying beneficiaries, paying debts, filing final tax returns, and distributing the estate. Sea to Sky Law™ provides both, under one firm and one retainer.

How we can help

Pre-death Planning

Post-death Administration

Estate law in BC covers two distinct phases — and most people need help with both at different points in their lives. The first phase is pre-death planning: putting the right legal documents in place while you are alive and capable of making decisions. This includes your will, enduring power of attorney, healthcare directive, and representation agreement — the four documents every BC adult should have. It also includes reviewing beneficiary designations on registered accounts (RRSPs, TFSAs, RRIFs, life insurance, pensions) and, where appropriate, trust structures that protect children's inheritances or minimise tax.

The second phase is post-death estate administration — everything that must be done after a person dies. This begins with determining whether probate is required (a BC Supreme Court application for a Grant of Probate, which confirms the executor's authority to deal with the estate). It then covers notifying beneficiaries and creditors, managing estate assets, coordinating the final tax return and any trust returns with a CPA, obtaining a CRA clearance certificate before distributing assets, and ultimately distributing the estate according to the will — or, if there is no will, under BC's intestate succession rules.

BC's Wills, Estates and Succession Act (WESA) creates a nuanced framework for both phases. One of the most critical — and commonly misunderstood — aspects: while a BC divorce automatically revokes gifts and appointments to a former spouse in a will, mere separation does not. Until your divorce is finalised, your separated spouse may still inherit. Updating your estate plan immediately at separation is not optional.

When estates are disputed — wills variation claims, contested probate, trustee disputes, or elder financial abuse — we represent clients effectively, beginning with mediation and escalating to litigation only when necessary.

One of the most practical and compassionate steps any person can take — at any age — is to pre-plan their own funeral and final arrangements. Pre-planning saves your family enormous stress and cost at the worst possible time, ensures your personal wishes are honoured, and removes a major source of family conflict during an already difficult period. We strongly recommend every client speak with a pre-need funeral adviser as part of their estate planning process. Contact Dan O'Hara at Kearney Funeral Services: 604-793-6581 for free pre-need planning advice. Dan is experienced, compassionate, and knows our firm — ask for him by name. Pre-need arrangements do not replace a will, but they work powerfully alongside one.

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Key legislation

Common questions

Do I need an estate lawyer in BC?

If you are making a will, acting as executor, going through probate, dealing with a contested estate, or planning for incapacity, yes — a BC estate lawyer protects your interests and your family's future. Mistakes in estate documents or estate administration can cost far more than legal fees to fix. Sea to Sky Law™ has provided estate counsel since 1991.

How much does it cost to make a will in BC?

A basic will prepared by a BC lawyer typically costs $300–$600 for an individual or $500–$900 for a couple. A more complex will involving trusts, business succession, or blended families costs more. A will is one of the most cost-effective legal documents you can have — dying without one (intestate) costs your family significantly more in time, taxes, and family conflict.

What is probate in BC and do I need it?

Probate is the BC Supreme Court process that validates a will and gives the executor legal authority to deal with the estate — transferring property, closing accounts, and distributing assets. Not every estate requires probate: small estates, jointly owned assets passing by survivorship, and assets with named beneficiaries (RRSPs, insurance, pensions) typically bypass probate. A BC estate lawyer can advise whether probate is required and how to minimise probate fees.

How much does probate cost in BC?

BC probate fees are calculated on the gross estate value: $14 per $1,000 on the value above $50,000 (with $6 per $1,000 between $25,000 and $50,000). On a $500,000 estate, the probate fee is roughly $6,450. Legal fees for full estate administration are additional. Strategic estate planning — joint ownership, beneficiary designations, trusts — can reduce or eliminate probate fees on a significant portion of the estate.

What happens if someone dies without a will in BC?

Dying without a valid will (intestate) means BC's WESA intestacy rules determine who inherits — not your wishes. A surviving spouse receives a preferential share ($300,000 if no children in common; $150,000 if children from another relationship), then the remainder is split. Without a will, the process is longer, more expensive, and a frequent source of family disputes. Common law spouses have limited automatic inheritance rights under intestacy.

When should I update my will in BC?

You should update your will after separation (urgent — BC law does not automatically revoke gifts to a separated spouse), divorce, marriage, the birth of a child, acquiring major assets, starting or selling a business, or if a named executor or beneficiary dies. In BC, separation alone does not revoke your will — until your divorce is granted, your separated spouse may still inherit everything.

Can a family member challenge a will in BC?

Yes — under WESA s.60 (wills variation), a spouse or child who was not adequately provided for in a will can apply to vary it. The court has broad power to rewrite a will to make adequate provision. There is a strict 180-day deadline from the date of the grant of probate. A BC estate lawyer should be consulted immediately if you believe you have been unfairly excluded from a will.

Related areas

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

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