A will is a legally binding document that outlines how your assets and property should be distributed after your passing. It also allows you to appoint guardians for minor children, name executors to administer your estate, and make provisions for dependents.
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Wills & Estate Planning
Cunningham & Co. can assist you with drafting, updating, and executing wills — all remotely and electronically. Our fully virtual and modern process ensures you receive the same lawyer oversight and legal protection without needing to visit an office.
What is will?
- A thorough estate planning session tailored to your needs
- Full guidance throughout the entire process
- A will signing session, including two witnesses from our firm
This ensures full legal compliance while saving you time and hassle. With our guidance, you avoid common pitfalls such as having a beneficiary act as a witness (which could unfortunately void their gift).
Why do I need a will?
Without a valid will, your assets will pass according to intestacy laws in British Columbia. Intestacy can create outcomes that may not reflect your wishes. For example, your spouse may receive only a portion of the estate if there are children from a previous relationship and assets could pass to family members that you may not have intended to inherit anything.
Having a will ensures your intentions are clear, minimizes disputes, and provides certainty for your loved ones.
What is the process of drafting a will with Cunningham & Co.?
Our process is designed with your experience in mind. Here’s what you can expect when working with us:
Step 1: Complete our user-friendly online questionnaire
Step 2: Participate in a one-hour virtual meeting with an estate planning lawyer to conduct estate planning tailored to your circumstances.
Step 3: We draft a robust, custom will — never just a template.
Step 4: Attend a virtual signing session with two independent witnesses from our firm which avoids common pitfalls and ensures that all gifts remain valid.
This carefully thought-out process ensures your will is comprehensive, legally sound, and specifically designed to protect your estate and beneficiaries.
What is the difference with using a lawyer vs. a notary for a will?
Notaries in British Columbia cannot draft wills containing certain complex clauses, such as those granting a life estate or creating specific trusts for beneficiaries. This could have lasting consequences in certain circumstances. For example, a trust may be needed to prevent a disabled child from losing their disability entitlements. Trusts also usually appropriate for minor children.
Using a lawyer ensures your will can include all necessary legal protections, address tax and probate planning, and incorporate tailored strategies for your unique circumstances.
Should I make multiple wills?
Business owners may benefit from having two wills: one for their company and one for other personal assets. This strategy can reduce probate fees on business assets, maintain privacy, and potentially save tens of thousands of dollars. We can advise on multiple wills and help implement this structure properly.
Frequently asked questions
- Will my will be made public? Some information becomes public when probate is filed, but details of your estate planning and private assets can remain confidential depending on your structure.
- How much does it cost? Costs depend on the complexity of your estate. We provide a free consultation to discuss your situation and estimate pricing. We prefer to provide transparent flat fees as often as possible. We can put together a bundle for you.
- Can anyone make a will? Technically yes, but wills must meet strict legal requirements. Mistakes can lead to invalidity, probate complications, or disputes. Lawyer-drafted wills reduce these risks.
- What information is needed to prepare your will? We typically require the names of your family members, information regarding your assets and debts, your chosen executor and guardians, and your instructions for distribution.
- What if I also need a Power of Attorney or a trust? We will discuss these additional tools/documents during our estate planning session which is part of the cost of drafting your will. Specifically, we will discuss POAs, representation agreements, and health care planning.
Why should you hire us to draft your will?
Our wills are custom, lawyer-drafted, and include comprehensive estate planning to minimize tax and probate consequences. Every will includes an estate planning session and a WESA-compliant execution session with two independent witnesses.
Our virtual process allows you to complete everything from the comfort of your home without sacrificing legal oversight. Every step is personally guided by our team, and your signing session is supervised in real time to ensure full legal compliance.
Book a free consultation today to discuss your estate planning needs and ensure your will protects your loved ones and your legacy.
