Wills & Estates

Planning for tomorrow

Young or old, none of us knows what our future holds. The preparation of a Will provides you with a feeling of security knowing that you have planned the disposition of your assets wisely. The preparation of a Will is relatively inexpensive compared to the uncertainty and litigation that may result from failure to prepare a Will. On the other hand, if you have a Will, your possessions will be distributed in accordance with your wishes by your executor. You should be in control of the decision as to where your assets are to be distributed on your death. You will want to decide who will look after your children. You can also decide who will look after the assets that will be distributed to your children and other beneficiaries. In your will, you can answer these questions: 

Who will be the guardian of your children? 
Who will be your executor and trustee? 
How will your savings and investments be distributed?
Who will get your personal possessions?

These matters can be directed through the preparation of a Will. Start by choosing an executor, someone you trust to properly execute your intentions as set out in your Will. You may choose more than one person to act as your executor. The choice of a lawyer is also an important consideration. The lawyer may act as your executor or the lawyer may advise and assist your executor in winding up your estate in accordance with your wishes. The lawyer will prepare all necessary estate documents and file them. The lawyer will advise your executor on the proper procedures in collecting and determining the assets, calculating the tax payable and deciding what else must be done to complete winding up your estate.

Consider whether you should also have a Representation Agreement or Power of Attorney, or a Living Will which will give authority to someone whom you trust to act on your behalf in the event of your temporary or permanent incapacity. 

Alan Farber and Felicia Folk have prepared hundreds of Wills over the last 32 years. Farber & Folk also advises executors and prepares estate documents on behalf of executors regularly. The firm can assist you in the preparation of a Will, Representative Agreement, Power of Attorney, Living Will and the preparation of all documents for the probate of an estate.

Estate Litigation

Occasionally, disputes arise over the manner in which a Will is executed, the capacity of the deceased to make a Will at the time the Will was signed, the legality of the Will and whether it was prepared in accordance with the provisions of the Wills Act of British Columbia. Sometimes disputes arise with respect to the interpretation of the Will or the fact that the testator disinherited a spouse or children from their estate and the spouse or children wish to vary the Will in accordance with legislation known as the Wills Variation Act.

Alan Farber has acted on numerous cases in the Supreme Court of British Columbia with respect to all areas of Estate Litigation.

In addition to taking matters to trial where it is finally and absolutely essential, Alan Farber has acted as mediation counsel in a number of successful mediated resolutions of contentious family disputes over estates. These mediated resolutions have avoided the cost and stress of the family going to trial and litigating private family financial matters in a public forum. He takes pride in being able to bring matters to speedy and satisfactory resolutions amongst family members. Alan Farber recently was counsel in an estate mediation which resulted in a disinherited child, his client, receiving a sum in excess of one million dollars from his family estate.

Alan Farber and Felicia Folk can assist with your Wills, Trusts and Estate needs. Alan practiced as a lawyer in Toronto before moving to Vancouver in 1974, and he may be consulted with respect to estate disputes both in the Provinces of British Columbia and Ontario.