The importance of estate planning cannot be overemphasized. The adverse financial and personal consequences of ill-considered planning can be crippling to individuals and their families.

The estate and wealth preservation team at Baker Newby has experience in all aspects of estate planning and administration, from simple estate plans to complex corporate organizations to ensuring the orderly and tax efficient succession of a family business. We offer comprehensive advice in all aspects of personal estate planning and estate administration as well as the preparation of trusts, marriage contracts, Wills, powers of attorney for property and powers of attorney for personal care.  In addition, we can provide a wide range of legal services to executors and beneficiaries of Estates relating to the settlement or litigation should an Estate dispute arise.

Estate Planning, Tax Planning and Incapacity Planning

These days estate planning involves much more than producing a Will. Planning begins with an analysis of your assets, an understanding of who you simply wish to benefit and appreciation of family relationships. We can also assist you to minimize your tax liability and probate fees upon death in order to maximize what your beneficiaries will receive from your estate.

Our estate and wealth preservation team provides a full range of legal services for estate and incapacity planning, including the preparation of all of the following documents:

• Wills, including Wills with trusts for spouses, minor children and/or disabled children and Wills that provide for the purchase of farms or family businesses from the estate by one or more of the beneficiaries;

• All types of Trusts, including Alter Ego Trusts, Joint Partner Trusts and Family Trusts;
• All types of Powers of Attorney, including Enduring Powers of Attorney and Limited Powers of Attorney;
• Representation Agreements for appointment of representatives for health care matters;
• Advanced Directives for health care matters;
• Pre-Nuptial Agreements, Marriage Agreements and Cohabitation Agreements for the distribution of family assets between spouses upon the dissolution of a marriage, which can be an important part of an estate plan;
• Documents for corporate reorganizations for tax and estate planning purposes;
• Documents for real estate transactions for tax and estate planning purposes;
• Agreements for family farm and other business succession planning.

Estate Administration

In estate planning, the appointment of an executor and trustee is an important decision. Executors and trustees of estates vary greatly with respect to their involvement in ongoing administration.  For those who want to be actively involved, we can provide information required to handle most of the aspects of the administration yourself, while ensuring that you do not neglect any of your duties and responsibilities.  For those who have less time to dedicate to the administration, we can attend to many of the routine matters on your behalf based upon our substantial experience.  These matters can include:

• Applications for Grants of Probate (confirmation of a Will by the Supreme Court of British Columbia)
• Applications for Grants of Administration (the equivalent of a Grant of Probate when there is no Will)
• Closure of bank accounts and liquidation of assets after receipt of the Grant of Probate or Grant of Administration
• Real estate sales
• Settlement of disputes with beneficiaries, including disputes over the distribution of personal property, Executor’s fees and estate accounting matters
• Life insurance applications
• Publication of legal notices for creditors
• Preparation of estate accounts and distribution of estate funds