Feb

25

Post image for Protect Your Loved Ones

…by dividing your property, appointing representatives, and helping avoid court battles.

Without a Will your property will be divided according to government laws, which may not be in accordance with your wishes.  This may not be the most tax-advantageous way to distribute your property.  And since you don’t have a say on who gets your property, you won’t be able to make specific gifts of cash, personal property, real estate, etc. to particular individuals or organizations either.

With a Will, your minor children may end up with someone less than ideal.  That’s why you need to express your wishes concerning who should have responsibility over your minor children and their property when you pass away.

Without a Will, your loved ones may get involved in court battles concerning the validity of your Will (if you have an invalid / out-of-date Will) or what happens to your property and kids when you pass away.

To see what happens to your property if you don’t have a Will in a particular Province, just click on the link below:

Alberta
British Columbia
Manitoba
New Brunswick
Nova Scotia
Ontario
Saskatchewan

Peace of Mind Starts HERE:

To create your own Last Will and Testament (and don’t forget about creating your Powers of Attorney too!), just click on the image below:

Unlike other Wills kits:

  • The Will-O-Matic is based on provincial Wills laws.  I haven’t seen anyone else go to that length.  They tell you their product is good for “Canada”, but it’s not.  They don’t use the right language.  So why risk using their product?
  • The Will-O-Matic is more comprehensive than anything else out there.
  • I (a Canadian lawyer) created the Will-O-Matic.
  • The Will-O-Matic allows you to edit for free for the first year; other products give you a one-shot type of deal (but you can always pay more to edit).
  • The Will-O-Matic comes with comprehensive signing instructions to help you make sure you don’t enter the Will incorrectly and thereby render it invalid.
  • The Will-O-Matic comes with a comprehensive and regularly updated eBook (for Ontario, it’s over 70 pages long!) about Wills in your Province.  This just goes to show the level we go to when it comes to putting a high quality product on the market.
  • The Will-O-Matic includes a personal information, assets and liabilities checklist to help you get organized.
  • The Will-O-Matic is regularly updated (particularly when laws change).

How the Will-O-Matic reduces the likelihood of court battles

If you have a Will but did not enter into it properly, it may be challenged.  For example, if you don’t have sufficient mental capacity at the time of making a Will, then it is invalid.  Your Will – or part of it – is also invalid if you included something (e.g. a gift to someone) as a result of fraud or pressure or mistake.  If you write your Will and then get married, your Will is automatically revoked.  That is, unless your Will is made in contemplation of your marriage to that specific person.  If you sign your Will without two (2) witnesses, then your Will is invalid.   And if your witnesses are also beneficiaries (i.e. persons you give gifts to in the Will) or the spouses of beneficiaries, then gifts to them will be void.  Any change made to your Will after it has executed (i.e. signed and witnessed) is invalid unless it is executed in the same manner as the Will. If you lose your Will, then when you die you will be presumed to have revoked it!  Finally, if you give a gift of real or personal property to someone in your Will but don’t own that property at the time of your death, then that person generally won’t receive anything!  Now how many Will Kits are out there that adequately educate you along the way and afterwards to help you ensure that you don’t invalidate your Will?  You guessed it: not many!

You can help prevent court battles by using our Will-O-Matiz Wizard.  We educate you along the way (throughout the questionnaire and in the comprehensive eBook that comes with your Will) so that you understand how Wills can be challenged and therefore doing everything within your power to prevent that.  A little education goes a long way!

Alberta

In Alberta, if someone dies without a Will, their property will be divided according to the rules set out in Part 3 of the Wills and Succession Act:

  • If an individual dies leaving a surviving spouse or adult interdependent partner but no descendants, the entirety of the estate goes to the surviving spouse or adult interdependent partner.
  • If an individual dies leaving a surviving spouse or adult interdependent partner AND one or more descendants, then:
    • the entirety of the estate goes to the surviving spouse or adult interdependent partner, if all of the deceased’s descendants are also descendants of the surviving spouse or adult interdependent partner, OR
    • if any of the deceased’s descendants are not descendants of the surviving spouse or adult interdependent partner,
      • the surviving spouse or adult interdependent partner is entitled to the GREATER of the prescribed amount (currently $150,000) or 50% of the net value of the estate, and
      • the rest of the estate shall be distributed among the deceased’s descendants (i.e. children and grand-children and great-grand children, otherwise the deceased’s parents, otherwise the descendants of those parents, otherwise the deceased’s grandparents, otherwise descendants of those grandparents, etc.).

With respect to your minor children, a person can name in their Will who they wish to have as the Guardian of their minor or disabled children and Trustee of their property: section 22 of the Family Law Act, S.A. 2003, c F-4.5 and Minors’ Property Act, S.A. 2004, c M-18.1.  If the Will does not specify a person to be the Guardian of their minor children or Trustee of their share of the estate, then someone will need to apply to the Court to be the Guardian of the child and Trustee of their property.  If no one steps in, then the Public Trustee will step in.

British Columbia

If someone dies without a Will in British Columbia, their property will be divided according to the rules set out in the Estate Administration Act. Sections 83 through to 89 of the Estate Administration Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • entirely to their spouse (which includes a common law spouse), if only their spouse remains alive.
  • entirely to their “issue” on a per stirpes distribution (i.e. one level of descendants at a time and if someone has predeceased, then their next level of descendants would equally inherit their share), if only their issue is alive.
  • Where there is a spouse and issue, the first $65,000 of the value of the estate will go to the spouse and either 1/2 of the residue (i.e. the remaining amount) will go to the spouse if there is only one child OR 1/3 of the residue will go to the spouse if there is more than one child. The spouse is also entitled to the household assets.
  • WITHOUT a surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them);
    • the intestate’s surviving brothers and sisters if there are no surviving parents (note: if a brother or sister is dead, then the children of the deceased brother or sister take the share their parent would have taken if living);
    • the intestate’s surviving nieces and nephews if there are no surviving siblings; and
    • the next of kin of equal degree of consanguinity to the intestate if there are no surviving nieces and nephews.

An estate goes to the government only if no relatives are known or they cannot be found, and if all time limits set by the law have passed.

With respect to your mind children, a person can name someone in their Will to be the Guardian of their minor or disabled children and Custodian of their property (except for their services and earnings): section 50 of the Infants Act, R.S.B.C. 1996, c. 223.  The Testator / Testatrix can also give the Executor powers to pay the Guardian and Custodian. It is worth mentioning that the decision to appoint a certain person as Guardian can be reviewed by a court.  Furthermore, family members can apply to have a decision in the Will set aside.  However, it must be strictly proven that the appointed Guardian is not suitable for the position.  Also worth mentioning is that, if you and your spouse’s appointed Guardians and Custodians are different people, then the Will of the last person to die (i.e. you or your spouse) governs.  Just make sure you realize this!

Manitoba

If someone dies without a Will in Manitoba, their property will be divided according to the rules set out in the Intestate Succession Act, CCSM c I85. Sections 2 through to 7 of the Intestate Succession Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • Entirely to their surviving spouse or common law partner if they have NO issue (descendants of all degrees).
  • Entirely to their surviving spouse of common law partner if they HAVE surviving issue which belong to both of them
  • Where there is a surviving spouse or common law partner AND surviving issue only of the intestate BUT not of the spouse or common law partner, then the first $50,000 of the value of the estate OR 1/2 of the estate (whichever is greater) will go to the spouse or common law partner and then 1/2 of the residue (i.e. the remaining amount) will go to the spouse and the other 1/2 of the residue will go to the issue equally per capita
  • WITHOUT a surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them);
    • the issue of the intestate’s parents, distributed per capita at each generation (in other words, the estate will go to the intestate’s surviving brothers and sisters if there are no surviving parents; note: if a brother or sister is dead, then the children of the deceased brother or sister take the share their parent would have taken if living);
    • the paternal and maternal grandparents (or to the survivor of them) or their issue;
    • the paternal and maternal great-grandparents (or to the survivor of them) or their issue.

An estate goes to the government only if no relatives are known or they cannot be found, and if all time limits set by the law have passed.

With respect to your minor children, naming a Guardian in a Will does not guarantee that person will be chosen if there is a dispute among friends and/or relatives who want to care for the children.  Naming a Guardian in a Will does, however, give the court a clear indication of the parent’s wishes and can carry substantial weight as the court decides who should be the children’s guardian.  That person will still need to apply to the Court to be the Guardian of the child and their property.  They can do this under the Infants’ Estates Act, C.C.S.M. c. I35 and by following Rule 67.02 of the Court of Queen’s Bench Rules, Manitoba Regulation 553/88.

New Brunswick

If someone dies without a Will in New Brunswick, their property will be divided according to the rules set out in the Devolution of Estates Act, R.S.N.B. 1973, c D-9. Part II of the Devolution of Estates Act say that, when a person dies intestate (i.e. without a Will), AND:

  • is survived by a widow and NO issue (i.e. children, grandchildren, etc.), then the widow will receive everything;
  • is survived by a widow and ONE child, then the widow will receive any interest the intestate had in the matrimonial home and ONE-HALF of the residue of the deceased’s estate;
  • is survived by a widow and children, then the widow will receive any interest the intestate had in the matrimonial home and ONE-THIRD of the residue of the deceased’s estate;
  • is DOES NOT have a surviving spouse or issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them);
    • the intestate’s surviving siblings if there are no surviving parents;
    • the intestate’s surviving nieces and nephews if there are no surviving siblings; or
    • the nearest ascertainable surviving relative if there are no surviving nephews or nieces.

    If the Will does not specify a person to be the Guardian of their minor children or Trustee of their share of the estate, then someone will need to apply to the Court to be the Guardian of the child and their property.

Nova Scotia

If someone dies without a Will in Nova Scotia, their property will be divided according to the rules set out in the Intestate Succession Act, R.S.N.S. 1989, c 236. Sections 4 through to 10 of the Intestate Succession Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • Entirely to their surviving spouse if they have NO issue (which will be discussed in greater detail below)
  • If there is a surviving spouse AND issue, then the first $50,000 of the net value of the estate goes to the spouse. The surviving spouse has the option to receive the home instead of the $50,000 where the value of the home is more than $50,000. Once the home and the $50,000 have been dealt with, the residue (i.e. the left over) will be divided between the spouse and the surviving children as follows: if there is only one child, then the residue will be divided equally between the spouse and that child; if there is more than one child, then one-third of the residue will go to the spouse.
  • If there is NO surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them).
    • the intestate’s surviving brothers and sisters if there are no surviving parents.
    • the intestate’s surviving nephews or nieces if there are no surviving siblings.
    • the intestate’s next of kin of equal degree of consanguinity to the intestate.

    If the Will does not specify a person to be the Guardian of their minor children or Trustee of their share of the estate, then someone will need to apply to the Supreme Court to be the Guardian of the child and Trustee of their property.  If no one steps in, then the Public Trustee will step in.

Ontario

If someone dies without a Will in Ontario, their property will be divided according to the rules set out in the Succession Law Reform Act. There is a standard procedure which divides property according to family relationships. Here are some of those rules:

  • If a person dies without a Will and is survived by a spouse without children, then the spouse is entitled to the property absolutely. Worth mentioning is that a spouse is generally entitled to a preferential share under the Regulations made under that Act up to the first $200,000 of the estate before it is divided among any remaining heirs. This basically means that if the estate‘s net worth is $200,000, then the spouse will be entitled to all of it!
  • If a person dies without a will and a spouse and one child survive, then the spouse will be entitled to their preferential share and an additional 1/2 of the residue of the estate.
  • If a person dies without a will and a spouse and children survive, then the spouse will be entitled to their preferential share and an additional 1/3 of the residue of the estate.
  • If a person dies without a will and without any spouse or children surviving, then their living parents will be entitled to the property either equally (or one of them will get it absolutely if only one is alive).
  • If a person dies without a will, without any spouse or children, and without any parents, then their property will be distributed equally among any living brothers and sisters (or their children).
  • If a person dies without a will, without any spouse or children, without any parents, and without any brothers or sisters, then their living nephews and nieces inherit an equal portion of the residue of the estate.
  • Finally, if a person dies and there is no surviving spouse, children, parent, brother, sister, nephew or niece, then the property ―shall be distributed among the next of kin of equal degree of consanguinity to the intestate equally without representation. If a person has no such living next of kin, then generally the estate goes to the government.

With respect to your minor children, a person can name someone in their Will to be the “Custodian” for their minor children and “Guardian” of their property: see section 61 of the Children’s Law Reform Act, R.S.O. 1990, c C.12. You can also give the Estate Trustee powers to pay him or her. A parent is not automatically the Guardian of his or her child‘s property. It is important to note that, whoever is named in your Will as the Custodian and Guardian can only act as such for 90 days from the date of the Testator / Testatrix‘s death: section 61(7) of the Children’s Law Reform Act. During that period, they should apply to the Court for an order formally appointing them as the Custody and Guardian of the Testator / Testatrix‘s minor or disabled children. Also worth mentioning is that, if your and your spouse‘s appointed Custodian and Guardian are different people, then the Will of the last person to die (i.e. you or your spouse) governs.

Saskatchewan

If someone dies without a Will in Saskatchewan, their property will be divided according to the rules set out in the Intestate Succession Act, 1996, SS 1996, c I-13.1. Sections 6 through to 12 of the Intestate Succession Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • Entirely to their surviving spouse (which includes common law spouses as defined in that Act) or if they have NO issue.
  • If there is a surviving spouse AND issue, then the first $100,000 plus interest of the net value of the estate goes to the spouse and the residue (i.e. the left over) will be divided between the spouse and the surviving children as follows: if there is only one child, then the residue will be divided equally between the spouse and that child; if there is more than one child, then one-third of the residue will go to the spouse.
  • If there is NO surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them).
    • the intestate’s surviving brothers and sisters if there are no surviving parents.
    • the intestate’s surviving nephews or nieces if there are no surviving siblings.
    • the intestate’s next of kin of equal degree of consanguinity to the intestate.

    A person can name someone in their Will to be the Custodian of their minor children and Guardian of their property: sections 4 and 30 of the Children’s Law Act, 1997, S.S. 1997, c C-8.2.  Naming a Custodian / Guardian in a Will does not guarantee that person will be chosen if there is a dispute among friends and/or relatives who want to care for the children.  Naming a person in a Will does, however, give the court a clear indication of the parent’s wishes and can carry substantial weight as the court decides who should be the children’s Custodian / Guardian.  That person will still need to apply to the Court for an order confirming his or her entitlement to be the Custodian / Guardian: section 5(1) of the Children’s Law Act.

written by pmmpa \\ tags: , , , , , , , , , , ,

Feb

25

In Half an Hour

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Post image for In Half an Hour

…you can complete a comprehensive and professional .pdf legal Will from your home or office.

It’s true.  If you have all of your information ready, you can go through the comprehensive online questionnaire and finish creating your legal Will in just 30 minutes.  Here is the type of information you should gather prior to starting:

  1. A proper description of property you want to give away (e.g. a vehicle, jewelry, real estate, etc.).
  2. For gifts of real estate, a proper description of the real estate (legal description, municipal address, etc.).
  3. Who you want to administer your estate when you pass away (i.e. called your Estate Trustee in most provinces and your Liquidator in Quebec).
  4. Who you want to give your property to (i.e. your beneficiaries) and how to spell their full legal names.
  5. The institutions and account numbers where you might have an RRSP, RRIF, and TFSA.
  6. The name of the company and the policy number for your life insurance policies.
  7. Who you want to have as being responsible for your minor children.
  8. Who you want to have as your witnesses (full legal names and addresses).
  9. Whether you want to include special provisions in your Will.
  10. When you expect to sign your Will and have it witnessed.

Now, when you’re done your Will, you should also fill out the Asset Information and Liability Checklist that we provide for FREE.  This will help your Estate Trustee know and have access to your assets, particularly online and digital assets.

How long would it take you to visit a lawyer’s office, have them ask you numerous questions (perhaps in the form of a cumbersome and simplistic checklist), have them draft it for you, have them explain everything to you, and then come in and sign in front of witnesses?  I’ve done this a number of times for clients myself, and I believe it would take no less than 5 hours to do everything properly.  So how can our software allow you to do it yourself in just 30 minutes?  It asks all the questions a lawyer would.  It is very flexible and comprehensive.  And it uses logic to put together your customized legal Will.  And here’s the best part: you can do it from your home or office and you don’t have to do it all in one shot!

Peace of Mind Starts HERE:

To create your own Last Will and Testament (and don’t forget about creating your Powers of Attorney too!), just click on the image below:

Unlike other Wills kits:

  • The Will-O-Matic is based on provincial Wills laws.  I haven’t seen anyone else go to that length.  They tell you their product is good for “Canada”, but it’s not.  They don’t use the right language.  So why risk using their product?
  • The Will-O-Matic is more comprehensive than anything else out there.
  • I (a Canadian lawyer) created the Will-O-Matic.
  • The Will-O-Matic allows you to edit for free for the first year; other products give you a one-shot type of deal (but you can always pay more to edit).
  • The Will-O-Matic comes with comprehensive signing instructions to help you make sure you don’t enter the Will incorrectly and thereby render it invalid.
  • The Will-O-Matic comes with a comprehensive and regularly updated eBook (for Ontario, it’s over 70 pages long!) about Wills in your Province.  This just goes to show the level we go to when it comes to putting a high quality product on the market.
  • The Will-O-Matic includes a personal information, assets and liabilities checklist to help you get organized.
  • The Will-O-Matic is regularly updated (particularly when laws change).

written by pmmpa \\ tags: , , , , ,

Feb

25

Save Money

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…by doing it yourself.  Canadian lawyers charge $400 on average for a simple Will.

Complex Wills cost even more.  If you want to save money and get your legal affairs in order in a convenient manner, then you’ve come to the right place!

Peace of Mind Starts HERE:

To create your own Last Will and Testament (and don’t forget about creating your Powers of Attorney too!), just click on the image below:

Unlike other Wills kits:

  • The Will-O-Matic is based on provincial Wills laws. I haven’t seen anyone else go to that length. They tell you their product is good for “Canada”, but it’s not. They don’t use the right language. So why risk using their product?
  • The Will-O-Matic is more comprehensive than anything else out there.
  • I (a Canadian lawyer) created the Will-O-Matic.
  • The Will-O-Matic allows you to edit for free for the first year; other products give you a one-shot type of deal (but you can always pay more to edit).
  • The Will-O-Matic comes with comprehensive signing instructions to help you make sure you don’t enter the Will incorrectly and thereby render it invalid.
  • The Will-O-Matic comes with a comprehensive and regularly updated eBook (for Ontario, it’s over 70 pages long!) about Wills in your Province. This just goes to show the level we go to when it comes to putting a high quality product on the market.
  • The Will-O-Matic includes a personal information, assets and liabilities checklist to help you get organized.
  • The Will-O-Matic is regularly updated (particularly when laws change).

written by pmmpa

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British Columbia | Representation Agreement

I am pleased to announce that the Power of Attorney Wizard can now be used to create a Representation Agreement for individuals in British Columbia:

Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Representation Agreement using the Power of Attorney Wizard as well!

If you’d like to know more about Representation Agreements in British Columbia …keep reading… This is the third blog on this topic. You can read the first blog here and the second blog here and the third blog here.

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice, you should seek professional assistance.

What is the basic structure of a Representation Agreement?

Introductory Clause

First, the Adult (the party making the Representation Agreement) and the nature of the document (e.g. Section 7 Representation Agreement or Section 9 Representation Agreement) are identified.  The date on which the Representation Agreement is made is typically included here too.

Revoke Previous Representation Agreements

Here, you can revoke any previous Representation Agreements you have made (to ensure that you only have one Representation Agreement).  If you are making multiple Representation Agreements (e.g. each one with a specific Representative to handle specific personal matters), then just be sure to indicate that you are not revoking those ones too!

Naming a Representative

Next, you’ll need to identify your Representative.  Typically, this will be a family member or close personal friend whom you trust.  Use their full legal name and even adding an identifier (e.g. my son, my spouse, etc.) may help.  Your Representation Agreement will also identify what type of powers they will be given – namely, the standard / limited powers under a Section 7 Representation Agreement or the standard / limited and non-standard / broad powers under a Section 9 Representation Agreement.  For whatever reason, in case the individual you appointed is incapable (e.g. vacation, sickness, death) or unwilling (e.g. through retirement) to act or continue to act as your Representative at the time they need to, you should appoint a substitute Representative.  Better be safe than sorry!

Naming a Monitor

For Section 7 Representation Agreement, the Adult may be required to name a Monitor to manage their routine financial affairs and who is not the same person as the Representative they named UNLESS the Representative is the Adult’s spouse, the Public Guardian and Trustee or a trust company or a credit union.  The Monitor must be at least 19 years old and willing and able to perform their duties and exercise their powers.  They must also complete a monitor’s certificate.

When Effective

A Representation Agreement, or part of a Representation Agreement, takes effect as soon as it is executed (i.e. signed and witnessed) unless it says that it comes into effect at a later time (and must specify how the event is to be confirmed and by whom): section 15 of the Act.

Restrictions / Conditions

Representatives under Section 7 Representation Agreements have standard / limited powers.  They can only assist an Adult or make decisions on the Adult’s behalf with respect to certain matters of personal care, health care, routine financial matters (note: a Monitor may be required to be named), and legal matters.  But an Adult can specify in their Representation Agreement additional restrictions and / or conditions that they wish to place on the authority of their Representative.

Specific Instructions

A Representative must follow any clear instructions provided in the Representation Agreement that are relevant to the personal decision to be made.  If no such explicit instructions are provided, then the Representative must consult (to the extent reasonable) with the adult to determine his or her current wishes and comply with those wishes – unless the Representative is acting within the authority of a Section 9 Representation Agreement and the Agreement provides that the Representative need only comply with any instructions or wishes the adult expressed while capable.

Final Wishes: Section 9 Representation Agreements

For Section 9 Representation Agreements, you can specify any wishes concerning the medical attention you receive when the Representation Agreement becomes effective and you are in a vegetative state.  For some people, they want to be removed from life support, receiving medication only to control pain and not resuscitated when they die.  For others, they want to be kept alive for as long as possible, given medication to control pain and then resuscitated in case they die.  You can even specify the type of treatment you would like to receive in certain circumstances.

Signatures

Use blue ink (to show it’s an original signature) instead of black.  Also, please read above concerning who can qualify as a witness or witnesses.  The Representative must sign the Representation Agreement before they can exercise their powers.  Finally, for Section 7 Representation Agreements, certificates must be signed by the Representative(s), Monitor (if any), and your Witness(es).

written by pmmpa \\ tags: , , , , , ,

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British Columbia | Representation Agreement

I am pleased to announce that the Power of Attorney Wizard can now be used to create a Representation Agreement for individuals in British Columbia:

Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Representation Agreement using the Power of Attorney Wizard as well!

If you’d like to know more about Representation Agreements in British Columbia …keep reading… This is the third blog on this topic. You can read the first blog here and the second blog here.

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice, you should seek professional assistance.

Is there a standard form Representation Agreement?

No.

Is a lawyer required?

The Representation Agreement Act does NOT require that a lawyer prepare or help you complete a Representation Agreement.  That said, if you have a complicated situation, it may be worthwhile to engage a lawyer to prepare a Representation Agreement for you.  If you are worried that someone may challenge in the future your mental capacity to make the Representation Agreement, you should also consult a lawyer.  They will know how to legally address this situation (e.g. by getting a medical report confirming your capacity at the time you make the Representation Agreement) to reduce the risk of future challenges.

When does a Representation Agreement take effect?

A Representation Agreement becomes effective on the date it is executed (signed and witnessed by all parties) UNLESS the Representation Agreement provides that it becomes effective later when an event occurs: section 15(1) of the Representation Agreement Act.  If the Representation Agreement provides that it becomes effective when an event occurs, the agreement must specify how the event is to be confirmed and by whom.

How can a Adult revoke a Representation Agreement?

Pursuant to Section 27 of the Representation Agreement Act, an Adult can revoke a Representation Agreement at any time after making it if:

  • the Adult is capable of making the Representation Agreement;
  • you write out your notice of revocation; and
  • written notice of the revocation is given to each representative, alternate representative and monitor    (if any).

There is no legal requirement that you have your notice of revocation.  A copy of the revocation can be sent by registered mail to the person’s last known address, with an employee of their business, via fax (if they provided you with a fax number), or by leaving it with them or an adult who appears to reside with them at their address.

How can a Representation Agreement cease to have effect?

Pursuant to section 29 of the Representation Agreement Act, a Representation Agreement ends as follows:

  • on the death of the Adult who made the agreement (in which case, their Last Will and Testament takes effect);
  • on the court cancelling the agreement under the Representation Agreement Act;
  • if the Adult who made the agreement and the Adult’s representative are spouses, on the termination of their marriage or marriage-like relationship (unless the Representation Agreement provides otherwise);
  • on the Representative becoming incapable (unless an alternate representative is named in the Representation Agreement and willing and able to act);
  • on the resignation or death of the Representative (unless an alternate representative is named in the Representation Agreement and willing and able to act);
  • on the effective date of the revocation of the Representation Agreement under section 27; or
  • as provided in section 19 of the Patients Property Act.

Do you have to deposit your Representation Agreement somewhere?

There is no requirement that you deposit your Representation Agreement in any specific place.   With respect to what an Adult should do with the Representation Agreement itself, it is best to leave it in a secure place (e.g. fireproof safe, with a trusted third party) and let your Representative know where it is (or give him or her a copy).  Instead of making additional original versions of the Representation Agreement, it is best to make one version and then have a lawyer notarize a true copy of that original.

What happens when I die?

The Representation Agreement only has effect while the Adult is alive.  When the Adult dies, their Will (if they have one) or British Columbia’s intestate laws (if they do not have a Will) will govern the final disposition of their property.

Representative’s Duty, Authority, and Limitations

Pursuant to section  of the Representation Agreement Act, before exercising their authority, the Representative MUST first sign the Representative Agreement: section 13(2.1) of the Representation Agreement Act.

Section 16 of the Act deals with the duties, powers, and liability of Representatives.   Among other things, a Representative MUST:

  • act honestly and in good faith
  • exercise the care, diligence, and skill of a reasonably prudent person
  • act within the authority given in the representation agreement
  • consult (to the extent reasonable) with the adult to determine his or her wishes when helping the Adult to make decisions or when making decisions on behalf of the Adult (unless the Representative is   acting within the authority given under a Section 9 Representation Agreement and the Representation Agreement provides that the Representative need only comply with any instructions or wishes the adult expressed while capable)
  • if the Adult’s instructions or expressed wishes are NOT now, then the Representative must act on the basis of the Adult’s known beliefs and values OR in the Adult’s best interests (if the Adult’s beliefs and values are not known)
  • keep accounts and other records concerning the exercise of the representative’s authority under the representation agreement
  • keep the Adult’s assets separate from their own
  • the Representative may, pursuant to Section 17 of the Act, retain the services of a qualified person to assist them in doing anything the Adult has authorized the Representative to do.

Pursuant to section 18 of the Act, a Representative has the right to request information and records respecting the Adult if the information or records relate to the incapability of the adult or an area of authority granted to the Representative.

Importantly, the Representative must NOT make or change a Will for the Adult: section 19.01 of the Act.

Liability of the Representative

Section 23 of the Representation Agreement Act says that a Representative who complies with section 16 (see above) of the Act is not liable for injury to or death of the Adult or for loss or damage arising from the routine management of the Adult’s financial affairs.

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British Columbia Representation Agreements

I am pleased to announce that the Power of Attorney Wizard can now be used to create a Representation Agreement for individuals in British Columbia:

Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Representation Agreement using the Power of Attorney Wizard as well!

If you’d like to know more about Representation Agreements in British Columbia …keep reading… This is the second blog on this topic.  You can read the first blog here.

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice, you should seek professional assistance.

What are the legal requirements to have a Representation Agreement?

To have a valid Section 7 Representation Agreement pursuant to the Representation Agreement Act:

  1. The Representation Agreement must be in writing: section 13(1).
  2. The Representation Agreement must be dated, signed and witnessed and all certificates must be completed (i.e. Certificate of Representative, Certificate of Monitor, Certificate of Witnesses, etc.): section 13.
  3. The person making the Representation Agreement (i.e. the Adult) must be at least 19 years old and capable (although the Adult may be incapable of making a contract, managing his or her health care, personal care or legal matters, or managing his or her routine financial affairs).
  4. The Representative must be over 19 years old and someone other than an individual who provides personal care or health care services to the adult for compensation or an employee of a facility in which the adult resides and through which the adult receives personal care or health care services (note: these restrictions don’t apply to someone who is a child, parent or spouse of the adult).
  5. The Representative may be credit union or trust company as long as their authority under the representation agreement does not include health care or personal care.
  6. Before a Representative can exercise their authority, they must sign the Representation Agreement (this need not be witnessed).The Representation Agreement must either be signed by the Adult before a Lawyer or Notary        Public in good standing in the Province of British Columbia or two adult witnesses, who must also  sign the Representation Agreement (i.e. in the witness certificate).
  7. The Representation Agreement must NOT be signed by someone who is a minor, a named Representative, a spouse / child / parent of a Representative (or alternate representative), an employee or agent of a Representative unless the person is a Lawyer / Notary Public in good standing in the Province of British Columbia, the Public Guardian and Trustee or a financial institution authorized to carry on trust business under the Financial Institutions Act.
  8. An Adult must name a “Monitor” to be responsible for the management of their routine financial affairs and who is not the same person as the Representative they named UNLESS the Representative is the Adult’s spouse, the Public Guardian and Trustee or a trust company or a credit union.  The Monitor must be at least 19 years old and willing and able to perform their duties and exercise their powers.  They must also complete a monitor’s certificate.
  9. The Representative Agreement must be signed by someone who understands the type of communication used by the Adult.

To have a valid Section 9 Representation Agreement pursuant to the Representation Agreement Act:

  1. The Representation Agreement must be in writing: section 13(1).
  2. The Representation Agreement must be dated, signed and witnessed (although there is no requirement for certificates to be completed).
  3. The person making the Representation Agreement (i.e. the Adult) must be at least 19 years old and capable (although the Adult may be incapable of making a contract, managing his or her health care, personal care or legal matters, or managing his or her routine financial affairs).
  4. The Representative must be over 19 years old and someone other than an individual who provides personal care or health care services to the adult for compensation or an employee of a facility in which the adult resides and through which the adult receives personal care or health care services (note: these restrictions don’t apply to someone who is a child, parent or spouse of the adult).
  5. The Representative may be credit union or trust company as long as their authority under the representation agreement does not include health care or personal care.
  6. Before a Representative can exercise their authority, they must sign the Representation Agreement (this need not be witnessed).
  7. The Representation Agreement must either be signed by the Adult before a Lawyer or Notary Public in good standing in the Province of British Columbia or two adult witnesses, who must also sign the Representation Agreement.
  8. The Representation Agreement must NOT be signed by someone who is a minor, a named Representative, a spouse / child / parent of a Representative (or alternate representative), an employee or agent of a Representative unless the person is a Lawyer / Notary Public in good standing in the Province of British Columbia, the Public Guardian and Trustee or a financial institution authorized to carry on trust business under the Financial Institutions Act.
  9. The Representative Agreement must be signed by someone who understands the type of communication used by the Adult.

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British Columbia Representation Agreement

January 26, 2014
Thumbnail image for British Columbia Representation Agreement

BC Representation Agreement I am pleased to announce that the Power of Attorney Wizard can now be used to create a Representation Agreement for individuals in British Columbia: Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Representation […]

Read the full article →

Alberta Personal Directive Sample

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Alberta (Personal Directive) I am pleased to announce that the Power of Attorney Wizard can now be used to create a Personal Directive for individuals in Alberta: Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Personal Directive […]

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Alberta Power of Attorney for Personal Care

January 26, 2014
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Alberta POA for Personal Care (Personal Directive) I am pleased to announce that the Power of Attorney Wizard can now be used to create a Personal Directive for individuals in Alberta: Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances […]

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Personal Directives Alberta

January 26, 2014
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Alberta Personal Directives I am pleased to announce that the Power of Attorney Wizard can now be used to create a Personal Directive for individuals in Alberta: Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Personal Directive […]

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Alberta Personal Directive

January 26, 2014
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Alberta Personal Directive I am pleased to announce that the Power of Attorney Wizard can now be used to create a Personal Directive for individuals in Alberta: Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Personal Directive […]

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Nova Scotia Living Will

January 25, 2014
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Living Will | Nova Scotia I am pleased to announce that the Power of Attorney Wizard can now be used to create a Personal Directive for individuals in Nova Scotia: Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and […]

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