Estate Planning Lawyers in Kamloops, BC

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Wills, Powers of Attorney, and Representation Agreements

Estate planning helps protect your family, your assets, and your wishes if you become incapacitated or after your death. A proper estate plan can help avoid unnecessary disputes, simplify estate administration, protect vulnerable beneficiaries, and provide peace of mind.

AuBuchon Law assists individuals, families, business owners, and retirees throughout British Columbia with estate planning strategies tailored to their circumstances and goals.

Whether you need a simple will or a comprehensive estate plan, we can help.

Estate Planning Services

Wills and Estate Planning

A properly drafted will ensures that your assets are distributed according to your wishes and that the people important to you are provided for.

We assist with:

  • New wills
  • Updating existing wills
  • Blended family planning
  • Planning for minor children
  • Business succession planning
  • Executor appointments
  • Trust planning within wills
  • Charitable gifts and specific bequests

Without a valid will, your estate will be distributed according to the Wills, Estates and Succession Act, which may not reflect your wishes.

Powers of Attorney

An enduring power of attorney allows you to appoint someone you trust to manage financial and legal matters if you become incapable of doing so yourself.

We assist clients with:

  • Enduring powers of attorne
  • Business-owner incapacity planning
  • Reviewing and updating existing powers of attorney

A properly drafted power of attorney can help avoid costly and time-consuming court proceedings if incapacity occurs.

Representation Agreements

A representation agreement allows you to appoint a trusted person to make healthcare and personal care decisions if you are unable to do so.

We assist with:

  • Standard representation agreements
  • Enhanced representation agreements
  • Advance care planning
  • Health-care decision making
  • Long-term care planning

These documents help ensure that your wishes are respected and that important decisions can be made without unnecessary uncertainty.

Business Owner Estate Planning

Business owners often require planning beyond a basic will.

We assist with:

  • Succession planning
  • Share ownership issues
  • Family business transitions
  • Corporate estate planning
  • Coordination with accountants and financial advisors

An effective plan can help minimize disruption to your business and your family.

Why Clients Choose AuBuchon Law?

  • Practical advice tailored to your circumstances
  • Plain-language explanations of legal options
  • Planning designed to reduce uncertainty and disputes
  • Experience with estate administration and estate litigation issues
  • Estate plans that consider both family and business objectives

We believe estate planning should be understandable, practical, and focused on protecting what matters most to you.

Appointing an executor in your will makes your executor’s job easier. It also tells other people that your executor is the correct person to administer your estate. 

Frequently Asked Questions

Do I need a will?

Most adults should have a will. Without one, provincial legislation determines how your estate is distributed.

If a child inherits and there is no trust, their inheritance may need to be paid to the Public Guardian and Trustee of British Columbia until they reach age 19. A properly drafted trust in a will allows you to choose who manages those funds and how they can be used for the child’s benefit.

When should I update my will?

You should review your estate plan following significant life events such as marriage, separation, divorce, the birth of children or grandchildren, major changes in assets, or changes in your intended beneficiaries.

Do I need both a power of attorney and a representation agreement?

In many cases, yes. A power of attorney addresses financial and legal matters, while a representation agreement addresses healthcare and personal care decisions.

Can I include trusts in my will?

Yes. Trusts can be used to protect minor beneficiaries, vulnerable beneficiaries, or to achieve specific family planning objectives.

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Don't put it off

People do not like talking about death or incapacity and so they avoid it. No one knows what the future will hold so it is important to ensure that you have a proper plan.
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Legal Protection

Make sure your estate is distributed as you want. Avoid disputes and problems for those people you leave behind.
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We Take Care

An experienced estate planning lawyer will ask you questions and make you consider things that you probably would not otherwise.

Specific bequests

A specific bequest is something the testator (the person making the will) has identified as a particular item or a specific amount of money to be given to a named individual. For example, a specific bequest could be something like “I bequeath my vintage car to my friend, John Smith,” or “I bequeath $10,000 to my nephew.”

Specific bequests clarify the testator’s intentions and ensure that the testator’s wishes regarding specific assets are carried out.

Residue

The residue of an estate, often referred to as the residual estate or residuary estate, is what remains of a person’s assets and property after all debts, taxes, expenses, and specific bequests have been settled and distributed according to the terms of a will or applicable laws of intestacy. In other words, the residue is what’s left over.

When someone creates a will, they may specify certain gifts or bequests to particular individuals or organizations. These are considered specific bequests. After those specific bequests are satisfied, the remaining estate is known as the residue. The residue is typically distributed among the residual beneficiaries, who are individuals or entities named to receive a share of the remaining estate.

Spousal Trusts

A spousal trust in a will provides a benefit to a surviving spouse after the testator’s death (the person making the will). This type of trust is often used in estate planning to provide for the financial well-being and security of the surviving spouse while also addressing issues such as tax planning and asset protection.

Spousal trusts can be effective in blended families to allow a step-parent of your children to have the use of estate assets for their lifetime or a specified period without those assets transferring to your spouse’s estate when they die. 

Disability Trusts

A disability trust is designed to provide financial support to cover the specific needs of the individual with a disability. This may include medical care, education, rehabilitation, housing, and other necessary expenses.

One of the primary purposes of a disability trust is to preserve the beneficiary’s eligibility for government assistance programs. Direct gifts or bequests to the individual might affect their eligibility for these programs, but a properly structured trust can avoid this issue.

A disability trust gives the trustee complete discretion over when and how to make distributions to the beneficiary with a disability. The discretionary nature of the trust helps ensure that the trust assets do not interfere with the beneficiary’s eligibility for government assistance programs.

Let us help you!

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Courtney AuBuchon

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      By providing my phone number to AuBuchon Law, I agree and acknowledge that AuBuchon Law may send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and I will be able to opt out by replying "STOP". For more information on how your data will be handled, please visit our Privacy Policy.