Wills & personal planning resources

In honour of Make-A-Will Week, Courthouse Libraries BC has prepared a list of resources for members of the legal community.

If you are dealing with: making a will, probate, being an executor, creating a personal planning document like a representation agreement, start your research by accessing the resources below.

Law Society practice checklists

  • Will Procedure (updated to September 1, 2022) PDF|Word
  • Will-Maker Interview (updated to September 1, 2022) PDF|Word
  • Will Drafting (updated to September 1, 2022) PDF|Word
  • Probate and Administration Interview (updated to September 1, 2022) PDF|Word
  • Probate and Administration Procedure (updated to September 1, 2022) PDF|Word

Wills, estates and succession act

Due diligence

Online tools at the library

CLE Document Builder - CLEBC provides a Document Builder which allows users to create downloadable wills templates with desired clauses. See Courthouse Libraries BC’s How-To Video. The Document Builder is available through Public Access Computers available at our branch locations. 

British Columbia 

Annotated Estates Practice 2022 - KN120.A56 

Key statutes (such as WESA and Probate Rules) have been annotated by estates lawyers with succinct summaries of relevant decisions in everyday language. 

BC Estate Planning & Wealth Preservation - KN122.B74

By leading estate and tax practitioners, this multidisciplinary title will help you determine a sensible approach for each client's needs, and to create trusts and other tools to minimize taxes and preserve wealth. 

British Columbia Probate and Estate Administration Practice Manual - KN127.B75 A2

This is a practice-oriented guide for British Columbia legal professionals working in probate and estate administration. This manual provides steps on managing probate and estate matters, advice preparing and making applications, and handling difficult tax and conflict of laws issues.

Wills, Estates and Succession Act Transition Guide - KN120.W55 C65

The Wills, Estates and Succession Act and the new Probate Rules took effect on March 31, 2014. This WESA Transition Guide includes overviews of the WESA and the Probate Rules, detailed tables of concordance, annotations, and emerging transition issues.

Wills and Personal Planning Precedents: An Annotated Guide - KN125.9.B63

Peter W. Bogardus, QC and Mary B. Hamilton  - This publication is essential for all lawyers who draft wills in British Columbia. This collection of sample will clauses and documents includes BC-focused precedents. The annotations and commentary explain the use of optional clauses and the relevant law.

Canada

Capacity and undue influence - KN125.1.P69 2019

John Poyser. This text deals with the law of capacity, knowledge and approval, intention, and undue influence as those legal principles relate to the voluntary transfer of wealth. The capacity to make a will, the capacity to make beneficiary designations, the capacity to make gifts, and the capacity to settle trusts are examined in this book. Undue influence is looked at both under the equitable doctrine and under the common law. The laws of Canada, excluding Quebec, are covered.

Drafting Trusts and Will Trusts in Canada - KN210.K47 2020

The aim of this book by BC lawyer Fiona Hunter, and England-based barrister James Kessler, QC, is to aid the generalist lawyer by discussing general and technical issues which arise in the drafting of trusts and wills trusts, and to provide precedents. The authors have endeavored to state the law as of April 2016. Drafters should take care to seek tax advice in light of a series of new tax rules affecting trusts (discussed in Chapter 4). Note that BC is considering adoption of provisions of the Uniform Trustee Act—be alert to changes in the Trustee Act.

The Executor's Handbook - KN143.G73 2019

This practical resource is designed to assist the administrator, executor or liquidator of an estate in the administration process. It contains information that applies across provinces and territories. The latest edition includes coverage of new BC estate legislation.

A medical-legal approach to estate planning and decision making for older clients - KN122.M42L387

This title of national and international papers features collaboration between the legal and healthcare professions. It includes lectures on: interviewing the older client and tips on consulting with medical practitioners. Online access is available at all CLBC Locations and lawyers can also access it in e-book format by logging in for remote desktop access.

Oosterhoff on wills - KN120.O57 2021

A.H. Oosterhoff. This primer on Canadian wills law has been updated to incorporate WESA provisions and new BC statutory rules on abatement and encumbered property.

Taxation of Trusts and Estates: A Practitioner's Guide - KM337.35.F762

Grace Chow, Ian Pryor. A handbook and research source that provides commentary on trust and estate planning concepts, with clear, practical solutions for preparing the T3 Trust Income Tax and Information Returns and Schedules.

Waters' law of trusts in Canada - KN210.W384 2021

Editor-in-chief, Donovan W.M. Waters; contributing editors, Mark R. Gillen, Lionel D. Smith. This book examines all facets of the law of trusts in every Canadian Jurisdiction.

Webinars & courses

 

Page last updated September 26, 2023