Having an estate plan in place allows you to make arrangements for the care of your partner, children, grandchildren and any other important people (and even animals) in your life before your death. While control from beyond the grave is limited, a proper and comprehensive estate plan can help reduce uncertainty and avoid conflict and expense. This involves a complete understanding of your financial circumstances, family dynamics, wishes, concerns and even your health and care needs, to help you plan for the future. Ideally, this is a collaborative process, with input from your accountant, financial planner and/or other professional advisors you may use. While the signing of your will is usually the final step in setting up your estate plan, it is rarely the only piece in creating an arrangement uniquely tailored to carry out your wishes after your death. Estate plans are not just for elderly members of society: if you have a life partner, children, a business, property or even pets, you should plan for what happens to them in the event of your death.

While having an estate plan is important to ensure a smooth transition after your death, of even greater importance is having a plan in place for the days, months or years before your death, in the event you are no longer able to make decisions for yourself. Making a Power of Attorney and a Representation Agreement while you are of sound mind allows you to decide who will be in charge of your money and property, your medical care and even what steps will be taken when you reach the end of your life. Having these documents in place is very important, as being someone’s spouse, parent or next of kin does not automatically confer rights to manage these areas on their behalf if they cannot

Sometimes, the unexpected happens: young, healthy people suffer tragic accidents, powers of attorney documents get lost, attorneys die or are unable or unfit to act. This can result in a loved one having no one appointed to make decisions for them if they cannot. In this situation, it is possible to apply to the Supreme Court of British Columbia for an order appointing you as “committee” for your loved one, giving you the power to manage their finances and personal care as long as necessary. This process is completed in consultation with two doctors who have assessed your loved one and the Public Guardian and Trustee of British Columbia.

Estate litigation is a general term that covers a broad area of possible disputes that are as diverse as the wills, estates and family dynamics they arise from. Some general types of claims include:

• Wills variation claims brought by spouses or children of a deceased person to change the distribution of assets set out in the deceased’s will
• Claims challenging the validity of a deceased’s will for reasons of mental incapacity or undue influence causing them to make a will that did not truly reflect their wishes
• Claims seeking to clarify whether assets passing to a joint owner truly belong to a deceased’s estate
• Disputes over the actions of an executor in the course of administering an estate, including the use of estate funds
• Disputes over the actions of an attorney acting under a power of attorney, such as misuse of funds.

Often estate litigation matters are time-sensitive, so if you have questions about your rights or believe you have a claim, it is important not to delay getting advice.