Wills and Personal Planning Resources

Online resources:

Clicklaw common questions:

• How do I make a will?
• Is a will different for people who live on reserve?

See all wills, estates, and planning common questions on Clicklaw. 

People’s Law School:

• Why prepare a will
• Who needs a will
• Preparing your will
• Preparing your will checklist
• Choosing an executor
• Changing or cancelling a will

See all resources from People’s Law School on preparing a will & estate planning

Writing Your Own Will: A Guide for First Nations People Living on Reserve: This guide provides instructions on how to make a will, completed examples of wills, and a blank will with instructions for filling it out. 

Print resources:

• The LSLAP Manual has a chapter on Wills and Estate Administration which includes a section Making and Executing a Will. This title is available as a Clicklaw Wikibook, which can be read online or offline by downloading the PDF. Additionally, public libraries should have a print copy of this title in their collection, courtesy of LawMatters.
• People’s Law School also produces Publications, which can be read online, downloaded and printed, or ordered in print booklets from Crown Publications at no cost. See publications on wills and estates.  
• The booklet Legal Information for Indigenous People outlines what makes a valid will for Indigenous people living on reserve in the chapter Death and Taxes. This title is available as a Clicklaw Wikibook, which can be read online or offline. Additionally, public libraries should have a print copy of this title in their collection, courtesy of LawMatters.

All the titles below are available on the Law Books for Libraries list; make sure to check your shelves to see if you have a copy! Many of these titles are also available at Courthouse Libraries BC branches. If not available at your nearest CLBC branch, we can send a copy to that location or send scanned sections of titles to you or your patron for free (within copyright).

• Wills and Personal Planning Precedents: An Annotated Guide: This publication is very helpful when drafting wills in British Columbia. The book brings together documents and sample clauses typically used in a will and includes BC-focused precedents (i.e.: templates). The annotations and commentary explain the use of optional clauses in a will and the relevant law.
  • The digital copy of this title available through the CLE Online database at CLBC locations features a document builder that allows patrons to select sample clauses and create their own will. This video gives an introduction to the document builder and how it can be used to make a will.
• Islamic Wills, Trusts and Estate Drafting in Canada: A practical guide to Islamic estate planning in the Canadian legal context.
• Guide to Wills & Estates: This guide is a practice manual for lawyers containing instructions, precedents, tips, and detailed procedures. However, it is written and designed for readers of all levels of experience. The book includes a sample completed will and checklists that can be used for preparing to write a will. 
• British Columbia Estate Planning and Wealth Preservation: a BC-focused guide for those making wills for complex estates, helping people create trusts, minimize taxes, and preserve their estate’s wealth.

Personal planning means preparing for decreased physical or mental capacity later in life. It often involves creating legal documents and/or appointing a substitute decision maker should you need one due to illness, injury, or disability. 

There are many different types of ways to plan for your future. Here are some resources that explain the different options available and when they might be appropriate to use.

• Start your planning here
• Choose your Financial and Legal Planning Tools
• Why you should plan for your future care
• Types of planning
• Advance Care Planning
• Public Guardian and Trustee of BC: Personal planning tools

A representation agreement (RA) is a legal document that allows you to choose someone (known as the representative) to help you make decisions or make decisions for you. There are two different types of representation agreements; which one a person needs will depend on their capacity to understand the nature and consequences of making the agreement.

Agreements differ in what types of decisions the representative is granted power to make. One type of representation agreement enables the representative to make health, personal care, financial and legal decisions; the other only gives the representative power to make health and personal care decisions, with a separate document, such as a power of attorney, being required for financial and legal decisions. The details are explained in the resources listed below.

Online resources:

People’s Law School has a number of resources explaining the difference between representation agreements and how to prepare both types.

• The right representation agreement for you
• Prepare a standard representation agreement
• Prepare an enhanced representation agreement 

Nidus Personal Planning Resource Centre and Registry is a BC non-profit that provides many resources to help you create your own representation agreement. Nidus also maintains a registry for personal planning documents in partnership with Juricert, a service of the Law Society of BC.

• Representation agreement overview fact sheet
• Representation agreement
• Representation agreement forms  

Print resources:

• The LSLAP Manual has a chapter on Adult Guardianship and Substitute Decision Making; the section on Substitute Decision Making features information about representation agreements. This title is available as a Clicklaw Wikibook, which can be read online or offline (download as a PDF). Additionally, public libraries should have a print copy of this title in their collection, courtesy of LawMatters.
• People’s Law School also produces Publications, which can be read online, downloaded and printed, or ordered in print booklets from Crown Publications at no cost. See publications on personal planning.
• Wills and Personal Planning Precedents: An Annotated Guide: This title includes a chapter on Representation Agreements and some precedent agreements (i.e., template agreements). You may have this title on your shelves through the LawMatters' grant; this title is also available in CLBC branches around BC, both in print and through the CLE Online database. 

A power of attorney is a legal document that gives a person (the attorney) the power to make financial and legal decisions for you. A general power of attorney is used when someone is mentally capable of making decisions but is unable to do so; it ends if/when you become mentally incapable. An enduring power of attorney is similar but continues after someone becomes mentally incapable.

Online Resources

The resources below provide more information about power of attorney documents, including what they do, the duties of an attorney, how to select the right power of attorney, and how to prepare, end, or change a power of attorney.

• The right power of attorney for you
• Your key duties as attorney
• Prepare an enduring power of attorney
• Change or end a power of attorney
• Enduring Power of Attorney Factsheet
• Enduring Power of Attorney Form

Print Resources

• The LSLAP Manual has a chapter on Adult Guardianship and Substitute Decision Making; the section on Substitute Decision Making features information about power of attorney. This title is available as a Clicklaw Wikibook, which can be read online or offline (download as a PDF). Additionally, public libraries should have a print copy of this title in their collection, courtesy of LawMatters.
• People’s Law School also produces Publications, which can be read online, downloaded and printed, or ordered in print booklets from Crown Publications at no cost. See publications on personal planning, which includes the publication Power of Attorney.
• Wills and Personal Planning Precedents: An Annotated Guide: This publication includes a chapter on Power of Attorney and a precedent power of attorney (i.e., template power of attorney). You may have this title on your shelves through the LawMatters' grant; this title is also available in CLBC branches around BC, both in print and through the CLE Online database. 
  • The digital copy of this title available through CLE Online at CLBC locations features a document builder that allows patrons to select sample clauses and create their own enduring power of attorney. This video gives an introduction to the document builder and how it can be used.

If your patron needs extra help making their will or personal planning documents, these are some referral options:  

Free Referral Programs

• Access Pro Bono Roster Wills & Estates Program: this program can provide legal services to help draft a will, power of attorney, committee agreement, and representation agreement. Services are available province wide and financial eligibility criteria apply. Referrals to this program are done internally at Access Pro Bono; patrons can complete their online triage form or call them to apply. 
• LSLAP Clinic: UBC’s Law Students Legal Advice Program helps low-income people draft wills for estates under $25,000, representation agreements, powers of attorney, and advanced directives. Available in the Lower Mainland only.
• Seniors First BC Elder Law Clinic: Assists seniors (55+) with drafting wills and personal planning documents, including powers of attorney and representation agreements. Financial eligibility criteria apply. Available in the Lower Mainland only.
• Seniors First BC Advance Planning Clinics: Assists seniors (55+) with drafting wills and personal planning documents, including powers of attorney and representation agreements. Financial eligibility criteria apply. Clinics are located in Chilliwack, Sechelt, Williams Lake, Prince George, Nanaimo, and Haida Gwaii (Massett and Skidegate); see the website for specific dates.  
• Lawyer Referral Service: This service, operated by Access Pro Bono, helps people find a lawyer to retain for their legal issue. After contacting the service, callers can expect to have a free fifteen-minute consultation with a lawyer to determine their legal needs. After the consultation, callers can decide if they want to retain the lawyer for cost. 

Low-cost Referral Programs

• Everyone Legal Clinic: Provides certain legal services at low cost. They can help prepare documents like wills and power of attorney at an affordable cost.

Finding a Lawyer or Notary

• Find a Notary tool: Notaries can assist with will planning and creating powers of attorney and representation agreements. This tool from the BC Notaries Association allows you to search for notaries in BC my location, postal code, last name, and preferred language. 
• Find-A-Lawyer tool: Lawyers can draft wills, powers of attorney, and representation agreements. You can search for lawyers in your community or region using this tool from the Canadian Bar Association BC Branch. You can search by name, city, organization/firm, spoken language, or area of law. 
  • Some lawyers offer unbundled legal services. Unbundling your legal matter means breaking it down into parts. You choose which parts a lawyer helps with and which parts you do yourself, meaning you can receive professional help at a reduced cost. Once you locate a lawyer, you can ask if they offer unbundled legal services. Please see the People’s Law School page on Unbundled Legal Services for more information on unbundling works.