Wills and Personal Planning Precedents: An Annotated Guide

Practice Point

Save time and draft wills that your clients can understand

This publication is essential for: anyone looking for BC-specific sample clauses for wills and related personal planning documents.

Clients are demanding legal documents they can comprehend, and wills clients are no exception. Immensely popular, Wills and Personal Planning Precedents: An Annotated Guide is your must-have tool for preparing plain language wills. It is the place to find BC-focused sample clauses for wills, powers of attorney, and other related documents. This guide also includes sample client questionnaires, forms, and letters along with commentary by Peter W. Bogardus, QC (retired), Mary B. Hamilton, and Sadie L. Wetzel explaining the use of clauses and alerting you to relevant law.

The online version features CLEBC’s document builder which allows you to select clauses, create complete documents, and save and download documents for future use. With this resource, you will be able to:

  • draft wills and related documents more quickly and confidently
  • fulfill your clients’ need for clear understanding of their wills
  • become more efficient by spending less time interpreting documents with each client

Buy your copy and draft wills with ease today!

Features of the publication

  • hundreds of sample clauses
  • dozens of sample documents
  • sample checklists, questionnaires, and client letters
  • features include:
    • document builder
    • complete set of clauses on disk
    • checklists
    • tables of cases and statutes
    • comprehensive index
    • online access to the electronic version with hyperlinks to primary law

Highlights of the 2017 update

  • new chapter 37A (Advanced Directive Questionnaire)
  • new chapter 49A (Simple Representation Agreement (s.9))
  • chapters 24 to 37 (the client questionnaires) are completely revised and harmonized, including new and updated commentary for practitioners
  • substantial updates to clauses and commentary in many chapters, such as chapters 9 (Real Estate), 16 (Residue—Trusts—Will Clauses), 17 (Discretionary Trusts for Life for the Disabled Beneficiary), 19 (Powers of Trustees), and 30 (Representations Agreements (s.9))
  • many new clauses and precedents
  • commentary throughout reflects new practice developments (e.g., tax developments, end-of-life decisions, digital assets)

About the Authors

Mary B. HamiltonMary B. Hamilton graduated from Dalhousie University Law School and was called to the BC bar in 1987. She has over 25 years’ experience in wills, trusts, and estate administration matters, practising with Alexander Holburn Beaudin + Lang LLP (with a three-year interval doing planned giving and estate administration at the University of British Columbia).  She has held senior positions with the Wills and Trust section of the BC Branch of the Canadian Bar Association, is a life member of the Estate Planning Council of Vancouver, and a member of the Society of Trust and Estate Practitioners.  She is a member of the editorial advisory boards of the British Columbia Probate and Estate Administration Practice Manual and British Columbia Estate Planning and Wealth Preservation for CLEBC. Mary has been selected by her peers for inclusion in the Best Lawyers in Canada in the area of Trusts and Estates 2006-2017 and was recognized by the Best Lawyers in Canada in each of 2011 and 2017 as Trusts and Estates “Lawyer of the Year” in Vancouver.

Sadie WetzelSadie L. Wetzel graduated from the University of British Columbia Faculty of Law and was called to the BC bar in 2000. Sadie is associate counsel with DLA Piper (Canada) LLP where she has practiced with the tax, wills, estates and trust group for over 15 years. She regularly speaks to client groups and to the public on wills, estate planning, trusts, incapacity, and provincial and federal disability benefits. Sadie has been a guest speaker for the Chartered Professional Accountants of British Columbia (formerly the Institute of Chartered Accountants), CLEBC, the Pacific Business & Law Institute, and the Society of Trust and Estate Practitioners, and has been a guest instructor for the Professional Legal Training Course of the Law Society of BC. She is a contributing author to the Wills, Estates and Succession Act Transition Guide (CLEBC, 2010) and British Columbia Estate Planning and Wealth Preservation for CLEBC, and in 2016 was selected by her peers as one of the Best Lawyers in Canada in the practice area of Trusts and Estates.

Peter W. Bogardus, QC practised law with Davis & Company (now DLA Piper (Canada) LLP) from 1968 to 2011.  He has more than 40 years’ experience in matters relating to wills, trusts, and estate administration. He has held senior positions with the Wills and Trusts section of the BC Branch of the Canadian Bar Association, became a member of the Estate Planning Council of Vancouver in 1978, and was elected Fellow of the American College of Trust and Estate Counsel in 1990. He was a member of the editorial advisory boards of the British Columbia Probate and Estate Administration Practice Manual (1989 — 2011) and British Columbia Estate Planning and Wealth Preservation (2006 — 2011) for CLEBC.

Will Clauses
1. Introductory Clauses in the Will
2. Definitions — Will Clauses
3. Executors — Will Clauses
4. Guardians — Will Clauses
5. Insurance Declarations (Within the Will)
6. RRSP/ RRIF/ TFSA Designations (Within the Will)
6A. TFSA Designations (Within the Will)
7. Administrations — Will Clauses
8. Debts — Will Clauses
9. Real Estate — Will Clauses
9A. Corporate Interests — Will Clauses
10. Articles — Will Clauses
10A. Plans (RRSPs, RRIFs, RESPs, TFSAs and Rewards) — Will Clauses
11. Advances, Loans, and Forgiveness of Debt — Will Clauses
12. Cash Gifts and Funds — Will Clauses
13. Residue — Introduction
14. Residue — Outright Gifts — Will Clauses
15. Residue — Miscellaneous Preambles — Example of Trust Provisions for Children
16. Residue — Trusts — Will Clauses
17. Residue — Discretionary Trusts for Life for the Disabled Beneficiary
18. Residue — If All Else Fails
19. Power of Trustees — Will Clauses
20. Funeral Wishes — Will Clauses
21. Execution — Will Clauses

Other Documents
22. Codicil
23. Revocation of Will
24. Memorandum of Articles
25. Insurance Declarations (Separate Documents)
26. Benefit Plan Designations (Separate Documents)
26A. TFSA Designations (Separate Documents)
27. Wills for First Nations Persons
28. Enduring Power of Attorney
29. Nominations of Committee
30. Representation Agreements — Enhanced Powers for Health and Personal Care (s.9)
31. Advanced Directives for Health Care (Personal Declarations and other Wishes)
32. Representation Agreements — General Powers (s.7)
33. Division of Household Good and Personal Effects

Questionnaires and Forms
34. Information Questionnaires for Wills and Estate Planning
35. Enduring Power of Attorney Questionnaire
36. Nominations of Committee Questionnaire
37. Representation Agreement (Health and Personal Care) Questionnaire
37A. Advanced Directive Questionnaire
38. Internal Instruction Form for Wills and Estate Planning

Letters and Checklists
39. Retainer Letter and Letter Enclosing Drafts of Wills and Related Documents
40. Letter to Clients Enclosing Wills and Related Documents For Execution
41. Instructions for Executing Will
42. Report Letter for Wills and Related Documents
43. Will Reminder Form
44. Letter to Insurance Company Enclosing Declaration
45. Letter to RRSP/RRIF Plan Administrator Enclosing Designations
46. Reminder Letter for Wills and Related Documents
47. Reporting Checklist for Wills and Related Documents — During and After Execution
48. Checklist to Close a Will File

Sample Wills
49. Simple “Death Bed” Will
49A. Simple Representation Agreement (s.9)
50. Sample Will
50A. British Columbia Will (for a Multi-jurisdictional Estate)

Case Table
Table of Statutes and Related Materials
Index

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Amy A. Mortimore“I am an estate and trust litigator. When faced with a new or less than common issue, particularly in administration or planning, my starting point is always CLEBC’s wills, estates, and trusts publications (especially the online versions).

BC Estate Planning & Wealth Preservation along with BC Probate & Estate Administration Practice Manual provide me with current and practical answers, Annotated Estates Practice is an easy way to stay up to date on new cases, and Wills and Personal Planning Precedents embody best practice standards for drafting.

I can’t say enough about how valuable the wills, estates, and trusts resources available through CLEBC truly are.”

~ Amy Mortimore, Partner, Clark Wilson LLP