Without such a document, matters will be handled by B. C. government officials
Coquitlam resident Maureen Zarzycki was only 62 when she died of complications from diabetes last July. After she died, her husband Ralf asked Maureen’s sister Kathleen Wallden, to help prepare a will, which she did. Ralf was an only child, and the couple didn’t have children of their own or a huge pile of assets . Kathleen Wallden relates the deaths of her sister and brother-in-law and how their estate has ended up with the B. C. government because of an unsigned will.
But there was some life insurance money, investments and Royal Doulton figurines, as well as paintings and jewelry Maureen purchased on cruises to San Francisco and Mexico. The will outlined Maureen’s wishes that her possessions go to her eight nieces and nephews.
There was just one problem: Ralf didn’t sign it before he died last month.
“ I was flabbergasted — he was the one who had asked for it,” said Wallden, a Chilliwack resident. “ It was his idea.”
All of the couple’s possessions are now in the custody of the Public Guardian and Trustee of B. C., which is searching for Ralf’s distant blood relatives in Germany and Poland, where his deceased parents came from.
If no relatives are found, the family faces the prospect of buying back family heirlooms — including a gold ring that their mother gave to Maureen — at a public auction.
“ It’s not always about money, although I know sometimes it is about money,” Wallden said in a phone interview. “ It’s just the fact that you’re told you don’t matter. That’s what really hurts, that you don’t matter.”
Compounding the negative experience was a case officer at the Public Guardian’s office who assured Wallden that he would leave no stone unturned in finding distant relatives in Europe, she said.
Twenty per cent of B. C. residents over 55 don’t have a will — a number that rises to 51 per cent among those between the ages of 35 and 54, according to a poll done by the Mustel Group. Only half of B. C. adults have a will.
John Eastwood, president of BC Notaries, said the family’s unfortunate situation is a reminder of the importance — regardless of age — of completing a will so that your final wishes are carried out. It’s particularly important if you have acquired assets, such as a first home, or are starting a family, he said. Guardianship of children is a key issue.
“ It’s refreshing to see that younger people now are starting to think about those matters more than they used to,” said Eastwood, who has been a notary for about 20 years.
There are some important legislative changes coming to regulations around wills. Some are part of a provincial Wills, Estates and Succession bill that has passed third reading in the B. C. legislature but has yet to be signed into law, he said.
One of these changes affects the amounts granted to the surviving spouse in cases where there is no will. Under existing law, the surviving spouse is entitled to the first $ 65,000, with the balance divided between the spouse and the couple’s children. That minimum will be increased to $ 300,000 under the new law, or $ 150,000 in cases where the deceased has children that are not also the surviving spouse’s.
Another pending change is the minimum age at which somebody can have a will, which moves from 19 to 16. Some younger people under 19 are acquiring substantial assets, Eastwood noted.
That bill — which “ brings a little more common sense,” Eastwood said — is expected to become law next year.
The changes that take effect on Sept. 1 lessen the possibility of abuse of power of attorney, which covers legal and financial matters, Eastwood said.
Other changes involve representation agreements, which are powerful documents that cover health care treatment and other end-of-life wishes, he said. The agreements allow a person to appoint someone else to make decisions for them if they are unable to make decisions themselves, and permit the appointment of a monitor as a check on the representative’s activities.
Living wills are also being updated and will be replaced by documents called advanced health care directives, he said.
More information on the Sept. 1 changes will be published that day on the Public Guardian and Trustee of B. C. website ( trustee. bc. ca), to the Public Guardian’s office.
The information will be posted in the Financial and Personal Care Services for Adults category under the Incapacity Planning tab.
As for Wallden, she is doing everything she can to make sure others don’t end up in a similar predicament — as her neighbour, a young father, recently discovered.
“ I was talking to the young guy beside us, he’s got a boy and he doesn’t have a will. I said to him, ‘ You get down there and get a will right now,’” she said with a laugh.
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1 Comment(s)
26 August 2011
06:25
One thing that gets missed from all of this is to make sure that your executor has some disposable cash because there are lots of things that need to be paid upfront. From lawyer fees, to probate fees, to funeral expenses, to courier charges, to photocopy etc. etc. etc. Yes, you will get reimbursed, but it may take up to 3 or 4 months or more for even an average estate to be settled and funds released.
I was the excutor of my mother's estate - the will was clear but she died in one province with assets in another. The bank, rightly, froze her bank account and would not release it until probate in both provinces cleared. For a $500,000 estate I had to put out close to $15,000 before the money was released. To probate her will and assests in BC I had to cut a certified cheque to the government for $6,500
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