Failing to plan is planning to fail. It is easy to make a positive start - even on your legal goals. Here's Andrew Liggett's practical approach to turning resolutions into results.
It is that time of year again. Remember: failing to plan is planning to fail. Most of us avoid making resolutions because we are recycling the ones we never completed last year — or we start with the negative assumption that we will not follow through, so why bother making them at all?
But here is a reframe: legal planning is not an aspiration. It is a practical, concrete task that — once done — is done. Unlike going to the gym or losing weight, drafting a Will or a Power of Attorney does not require daily discipline. You do it once (and update it when your circumstances change), and the protection it provides is immediate and lasting.
The Cost of Waiting
The most expensive legal work is the emergency kind. When someone dies without a Will, their estate is distributed according to BC's Wills, Estates and Succession Act (WESA) intestate succession rules — a rigid formula that may bear no resemblance to what the deceased would have wanted. When someone becomes incapacitated without an Enduring Power of Attorney and Representation Agreement in place, their family may need to apply to the BC Supreme Court for a Committee Order — a slow, expensive, and emotionally draining process.
The people who suffer most from a failure to plan are not the people who failed to plan. It is the people they leave behind.
How to Make a Positive Start
Use a simple approach: write down what you want to accomplish, pick the one thing you can start today (even if it takes several steps), and take the first step. Baby steps work. For legal planning, the first step is simply booking a consultation.
Your Legal Resolutions for the New Year
Here are the most important legal tasks for BC families to address in the coming year:
1. Update or Make Your Will
Has your family situation changed since your last Will was made? A new child or grandchild, a marriage or divorce, a death in the family, or a significant change in your assets can all make an existing Will outdated or even invalid. Under BC's WESA, marriage after a Will is made can affect how it operates — and a Will that does not adequately provide for your spouse or children may be challenged under WESA's wills variation provisions.
If you do not have a Will at all, this is the year to change that.
2. Make an Enduring Power of Attorney and Representation Agreement
These are the documents that protect you and your family while you are alive but unable to manage your own affairs. An Enduring Power of Attorney authorizes someone to manage your financial affairs if you become incapacitated. A Representation Agreement authorizes someone to make health care decisions for you — including, if you choose, end-of-life decisions.
Neither document is useful if you wait until you need it. Both must be made while you have legal capacity.
3. Review Your Separation Agreement
If you have a separation agreement dealing with child support, parenting arrangements, or spousal support, the start of a new year is a good time to ask: does it still reflect your current circumstances? Child support amounts should be reviewed annually when income changes. Parenting arrangements should evolve as children grow. Spousal support may need to be varied if either party's financial situation has changed materially.
4. Review Your Beneficiary Designations
Your Will governs the distribution of your estate. But certain assets — registered retirement savings plans (RRSPs), tax-free savings accounts (TFSAs), registered retirement income funds (RRIFs), and life insurance policies — pass outside your Will through named beneficiary designations. If your designated beneficiaries are outdated (an ex-spouse, a deceased parent), those assets go to the wrong person regardless of what your Will says.
5. Book a Legal Checkup
If you are not sure where to start, a Legal Checkup with Sea to Sky Law™ is the answer. We review your current legal situation — Will, POA, family agreements, property ownership — identify any gaps or risks, and give you a clear list of what needs attention.
Sea to Sky Law™ Is Here to Help
Founded on the North Shore in 1991 and now based in Sapperton, New Westminster, Sea to Sky Law™ has 35 years of successful experience helping BC families get their legal house in order. Whether you need a new Will, updated agreements, or just a professional review of your current documents, we can help — virtually from anywhere in BC.
The best time to address legal matters is before they become urgent. Contact Sea to Sky Law™ today and start the new year with confidence.