A complete BC estate plan is more than just a will. This checklist covers every document, every decision, and every step — so your family is protected and your wishes are carried out, no matter what happens.
What should be on your estate planning checklist in BC?
I have practised law in British Columbia since 1991, and I help families put their estate plans in order. Here is a practical checklist.
Estate planning is one of the most important things you can do for your family — and one of the most frequently postponed. In British Columbia, a complete estate plan protects your assets, ensures your medical and financial wishes are followed if you lose capacity, and spares your loved ones from costly confusion after you are gone.
This checklist covers everything a BC resident should have in place in 2026.
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THE CORE DOCUMENTS
✓ Will
A valid BC will must be:
- In writing (typed or handwritten)
- Signed by you at the end of the document
- Witnessed by two people who are both present when you sign, and who are not beneficiaries or spouses of beneficiaries
Your will should appoint:
- An executor (the person who administers your estate)
- A trustee (if you are leaving assets in trust for minor children or others)
- A guardian for minor children (though courts have final approval)
- Alternate beneficiaries in case a primary beneficiary predeceases you
✓ Enduring Power of Attorney (EPOA)
An EPOA appoints someone to make financial and legal decisions on your behalf if you lose mental capacity. It remains in effect even if you become incapacitated — unlike a regular power of attorney, which ends at incapacity.
Without an EPOA, your family must apply to the BC Supreme Court to be appointed as your committee — an expensive and slow process.
✓ Representation Agreement (RA)
A Representation Agreement appoints someone to make personal care and health decisions on your behalf if you lose capacity — including medical treatment decisions.
In BC, there are two types:
- Section 7 (RA7): More limited; can be made by someone with limited mental capacity; does not require legal advice
- Section 9 (RA9): Broader powers (including refusing life-sustaining treatment); requires full mental capacity and a certificate from a lawyer, notary, or designated individual
✓ Advance Directive (Living Will)
An advance directive (sometimes called a living will) records your specific instructions about medical treatment — for example, your wishes about resuscitation, ventilators, or end-of-life care. It speaks for you directly rather than through a representative.
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BENEFICIARY DESIGNATIONS
These assets pass outside your will to the named beneficiary — they do not form part of your estate:
- RRSP / RRIF — name a beneficiary (ideally a spouse for tax-deferred rollover)
- TFSA — name a successor holder (spouse) or beneficiary
- Life insurance — confirm beneficiary designations are current
- Workplace pension — check with your plan administrator
- Segregated funds and annuities — confirm named beneficiaries
Review these regularly — an outdated beneficiary designation (listing an ex-spouse, a deceased person, or "estate") can cause serious problems.
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PROPERTY AND TITLE
- Is your property held as joint tenancy (passes to surviving owner on death, outside the estate) or tenants in common (share passes through the estate under your will)?
- If you own property jointly and want a different outcome, you may need to change the title structure
- Consider whether a bare trust or alter ego trust might better suit your situation
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FOR BLENDED FAMILIES
Blended families face unique estate planning challenges. Consider:
- How to provide for a current spouse while protecting children from a prior relationship
- Whether a spousal trust (income to spouse during their lifetime, capital to your children on spouse's death) fits your situation
- Reviewing your will if your family structure has changed since it was last drafted
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FOR BUSINESS OWNERS
- Does your will or shareholder agreement address what happens to your shares on death?
- Have you considered a buy-sell agreement funded by life insurance?
- Is your business succession plan documented?
- Have you taken advice on estate freeze or other tax planning strategies?
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DIGITAL ASSETS
- Have you left instructions for accessing online accounts, cryptocurrency, and digital files?
- Consider a secure, documented list of passwords and accounts — separate from your will (which becomes a public document after probate)
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REVIEW TRIGGERS
Update your estate plan when:
- You marry or enter a common law relationship
- You separate or divorce (divorce in BC revokes a will made before the divorce — marriage does not revoke a will in BC, but it may affect interpretation)
- A beneficiary, executor, or attorney dies
- You have or adopt a child
- Your financial situation changes significantly
- You move to or from BC
- Tax law changes affect your planning
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Sea to Sky Law Can Help
Andrew Liggett BA JD CD and the team at Sea to Sky Law™ prepare wills, enduring powers of attorney, and representation agreements for BC residents — and can advise on the full picture of your estate plan, including trust structures, business succession, and blended family planning.
A complete BC estate plan includes a will, an enduring power of attorney (for financial decisions if you lose capacity), and a representation agreement (for health and personal care decisions). Advance directives and updated beneficiary designations round out a thorough plan.
No — in BC, marriage does not automatically revoke a will. However, divorce does revoke a will made before the divorce. You should review and update your will at any major life change.
No — RRSPs, TFSAs, and life insurance with a named beneficiary pass directly to the beneficiary outside the estate. They do not form part of your estate and are not governed by your will.
Review your estate plan every 3–5 years, and immediately after any major life event: marriage, separation, divorce, birth of a child, death of a beneficiary or executor, significant change in assets, or a move to or from BC.
A current estate plan helps make sure your assets go where you intend and that your loved ones are not left guessing. In British Columbia, a valid will, up-to-date beneficiary designations, and a representation agreement or enduring power of attorney cover most needs.
Start by listing your assets, debts, insurance policies, and accounts, and note who is named on each one. Check that your will reflects recent life changes such as marriage, separation, new children, or a new property purchase.
Review your plan every few years and after major events. Our firm can help you put these pieces in order through a phone or secure video consultation, starting with a free intake call.