Revised July, 2001

Bulletin 1.2 - The Cost of Wills

There is confusion about costs of Wills and this bulletin is intended to cast some light on this subject.

Many people will have heard the continuing advertisements for the $29.95 "legal Wills kit" under which some person extols the benefits of having prepared his or her own Will.

It is possible to prepare your own Will which may be legally valid, but it should not be done without a review of the Wills Act of British Columbia and the Estate Administration Act of British Columbia.

For lawyers, Wills are (or should be) well-crafted and important documents. A proper job is done only when the lawyer takes time to know the client's personal details and family relationships, and has knowledge of the assets and liabilities of the client so that the location and extent of the estate is known. Without this information, the lawyer is flying blind and could inadvertently cause, or fail to see, serious problems.

In acquiring the personal and financial information we use a Wills Questionnaire, which, if adequately completed, usually eliminates the necessity of one lengthy meeting and often provides the lawyer with enough information to prepare a draft Will to send to the client even before meeting. We estimate that use of the Wills Questionnaires will save at least one hour of lawyer's time and therefore will substantially reduce the cost of the Will. It should also save you a trip to the lawyer's office.

The costs of Wills can be grouped as follows:

A. Simple Will - modest estate, no second families, no possible beneficiaries under the age of 19, no question about choice of executors, estate passes to one or two adults, one of whom is the Executor.	$200.00
B. Simple "Family" Will - for husband and wife which will contain an outright transfer to spouse ("level one") with spouse as executor, a trust for children under the age of 19 if no spouse survives ("level two"), appointment of alternate executor(s) appointment of guardians and instructions to trustees on investments, encroachment, etc. (If a third level of distribution is wished to be added after spouse and children add $100.00.)	$500.00
C. Will for Single Person with two levels of distribution (percentages to several persons or charities) and second level if first level fails, including simple trusts and instructions to trustees.	$400.00
NB: In Wills B and C, if detailed specific bequests of items and cash are required or if complicated provisions are required for the levels of distribution, additional legal fees may be charged at an hourly rate and you will be advised before drafting begins.	Hourly rate
D. Complicated Wills involving second families, detailed trusts (such as life interests or distributions at ages 19, 25 and 30, etc.), complicated asset holdings and situations where there are numerous questions and a need for special advice are completed at hourly rates.	Hourly rate
Tax Issues - If we identify tax issues, we may recommend consultation with a tax specialist.

All legal fees are subject to GST and PST. In addition, there is a $17.00 disbursement to the Provincial Government to file your Wills Notice. This Notice shows the location of your Will only.

The above is intended to give you an overview of what is involved in the fees for preparation of Wills. It is important that if you are unable to prepare your own Will you consult with a lawyer who prepares Wills regularly as a specialty or subspecialty of his or her practice.

J.H. Rocke Robertson
Direct Line: +1 (604) 267-2814
E-mail: robertson@aydinco.com