Notaries - good company to keep

Are Notaries Public able to prepare Wills?

The Notaries Act provides that a member of the Society of Notaries Public of British Columbia who is enrolled and in good standing may draw and supervise the execution of Wills of certain classes.   Those classes are: 

(a)    Wills by which the testator directs the testator's estate to be distributed immediately on death; 

(b)    Wills that provide that where the beneficiaries named in the Will predecease the testator there is a gift over to alternative beneficiaries vesting immediately on the death of the testator; 

(c)    Wills that provide for the assets of the deceased to vest in the beneficiary or beneficiaries as members of a class not later than the date when the beneficiary or beneficiaries or the youngest of the class attains majority.  

 If you are considering having a Will drawn and fall into one of the above classes, I am fully qualified to assist you and welcome you to call or visit me at the office.  It may be that your circumstances warrant a referral to a qualified lawyer but I can only determine if that is the case after discussing your circumstances with you so do not hesitate to call me. 

What happens if I die without a Will?

The most important reason to make a Will is to take control of your estate planning process and have a Will prepared that reflects your wishes.  This would include naming a guardian if you have children under the age of nineteen years.  

If you die without a Will, the choices as to how and when your estate is distributed is governed by the B. C. Estate Administration  Act.   That distribution may not be anything close to what you may have wanted or what your family needs.

The following table sets out how an estate is distributed if there is no Will, depending on the survivors:

I do have available a questionnaire to guide you in making decisions in the estate planning process and would be pleased to provide one to you should you wish to make a Will with my office.