Canada is on the cusp of a dramatic demographic transformation. By 2031, more than 20 percent of Canadians will be 65 or older, according to Statistics Canada. This aging population is triggering the largest intergenerational transfer of wealth in Canadian history, estimated to exceed $1 trillion over the next decade.
Despite these seismic changes, most Canadians are unprepared. A recent survey found that 50 percent of Canadians don’t have a legal will, and even fewer have powers of attorney or representation agreements in place. As life expectancy increases and age-related illnesses like dementia become more common, the need for thoughtful, proactive estate planning has never been more critical.
The Rising Risk of Incapacity
While many people associate estate planning with death, one of its most vital roles is to protect your interests during life. As the incidence of dementia rises, more families are grappling with the challenges of supporting a loved one who can no longer make legal, financial, or healthcare decisions.
Without valid incapacity documents, such as an enduring power of attorney or a representation agreement, your family may be forced to go to court to be granted authority over your affairs. This can be time-consuming, expensive, and emotionally taxing. In contrast, having these documents in place offers clarity, control, and peace of mind.
A Delicate but Necessary Conversation
Estate planning can be emotionally difficult, but avoiding it comes at a cost. Families left without guidance often face:
- Conflict over decisions and inheritances
- Delays in asset distribution
- Higher legal and tax costs
- Confusion and stress during already painful times
Estate planning is not just about money. It is about preserving family harmony, reducing stress, and ensuring your voice is heard when you are no longer able to speak for yourself.
Why a Lawyer Makes a Difference
DIY will kits and online templates can offer a false sense of security. Every family is unique, and estate plans should reflect your personal, financial, and legal circumstances. Working with an experienced estate lawyer ensures that:
- Your documents are valid and enforceable in BC
- Your estate is structured to minimize probate fees and taxes
- Your family is protected from unnecessary legal complications
- Your wishes are clearly understood and legally binding
Whether you are updating an existing plan or creating one for the first time, contact Tathgar Law for compassionate, thorough guidance tailored to your needs.
The Time to Plan Is Now
Estate planning is not just for the wealthy or elderly. It is for anyone who wants to protect their loved ones and ensure their wishes are honoured. Given the demographic shifts underway, the earlier you plan, the more options and protections you will have.
You do not need to have all the answers – you just need to start the conversation. I am here to help you take that first step with clarity and confidence.
Frequently Asked Questions
When should I start thinking about estate planning?
In my experience, the best time to start is as soon as you have dependents, assets, or responsibilities that would affect others if something happened to you. That could be in your 30s or even earlier. I work with people at all life stages, and the earlier we begin, the more options and protections you’ll have.
What happens if I die without a will in BC?
If you pass away without a valid will, your estate will be distributed according to BC’s Wills, Estates and Succession Act (WESA). This can lead to unintended consequences and unnecessary stress for your loved ones. I’ve seen firsthand how a lack of planning can cause conflict and delays, which is why I encourage everyone to put something in place.
What’s included in a full estate plan?
When I work with clients, we typically include:
- A legal Will
- An Enduring Power of Attorney (for financial matters)
- A Representation Agreement (for health and personal care decisions)
- A Nomination of Committee (if appropriate)
- Trusts or other tools, depending on your situation
Every plan is tailored to your needs. I’ll walk you through the options and make sure nothing important is overlooked.
How often should I update my estate plan?
I recommend reviewing your plan every few years, or whenever there’s a major change in your life – like getting married, divorced, having a child, or experiencing a significant financial shift. I’m always happy to take a look and suggest updates if needed.
I already have a will. Do I really need to talk to a lawyer?
Even if you already have a will, it’s a good idea to have it reviewed. Laws change, and so do family dynamics and personal wishes. I can help ensure everything is still valid, current, and aligned with what you want today – not what you wanted five or ten years ago.
Let’s plan for peace of mind
If you are ready to start or update your estate plan, contact Tathgar Law today. I am committed to helping you secure your legacy and protect the people you love.