Name and Address of your Executor(s) -- The responsibilities of acting as an Executor are significant. In choosing an Executor, consideration should be given to the Executor's age, ability, background, the value of the estate and whether there will be any ongoing trusts to be administered as well as to the number thereof.
Alternate Executor -- In the event that your first named Executor is unable to act, or to continue to act, please provide details of the Executor or Executors that you wish to act in his, her or their place.
If appointing more than one executor, please indicate whether primary, alternate, or joint.
Please indicate below who is to be the guardian of your infant children. Please also indicate whether primary, alternate or joint.
After the above gifts have been made, is it your intention that the residue of your estate be given to your Spouse as:
Outright Gift - My spouse is to receive 100% of the residue of my estate if he or she survives me for 30 days.
Spouse or Partner Trust - My executor is to invest my estate and pay my spouse or partner 100% of the net annual income produced by the residue of my estate during my spouse's lifetime;
If your spouse is not happy with what you leave him or her, your spouse can make a claim under the B.C. Wills Variation Act for a larger share of your estate. If your common law spouse/partner is not happy with what you leave him or her, he or she may have some claim against your estate under the Wills Variation Act or at common law. Please prepare and give us a copy of a draft memorandum setting out in as much detail as possible the reasons for excluding or limiting the gifts to your spouse or partner or why he or she is neither in need nor deserving.