Will Instructions Questionnaire (16:App A)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 22, 2024.

The following document is a questionnaire that is a useful guide for gathering the necessary information of a client for constructing a will.

Part I – Client Information

Information about the Will-maker:

Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Date of birth:
Place of birth (city/province/country):
Relationship status – single, engaged, married, separated, divorced, widowed, cohabiting (including plans to marry):
Citizenship – Canadian or registered Indian as defined in the Indian Act:
Telephone no:
Fax no:
E-mail address:

Information about the Spouse or Partner:

Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Date of birth:
Place of birth (city/province/country):
Relationship status – single, engaged, married, separated, divorced, widowed, cohabiting (including plans to marry):
Citizenship – Canadian or registered Indian as defined in the Indian Act:
Telephone no:
Fax no:
E-mail address:

Will-maker’s Current Marital Status:

Date of marriage:
Place of marriage:
Place of residence when will-maker was married:
Has a marriage agreement been signed?
Has the Will-maker provided LSLAP with a copy?
Has a separation agreement been signed?
Has the Will-maker provided LSLAP with a copy?
Has any family law proceeding taken place or been commenced?

Prior Marriages:

Has the Will-maker been previously married?
If so, name(s) of former spouse(s):
Is the Will-maker required to pay maintenance to children or former spouse?

Other Personal Relations:

Is the Will-maker currently cohabiting with someone and is unmarried?
Is the Will-maker currently cohabiting with someone other than the spouse named above?
Name of the cohabitant:
Has the Will-maker signed a cohabitation agreement?
Has the Will-maker provided LSLAP with a copy of the cohabitation agreement?
Has the Will-maker ceased cohabiting with someone with whom s/he cohabited for two years or more?

Children:

Ask the Will-maker about their children’s full name, date of birth, place of residence (i.e. whether they live with the Will-maker), birth status (i.e. biological child? born outside of wedlock? adopted? from which partner? born with a disability?), and current status (i.e. living or deceased?):

Next-of-Kin:

If the Will-maker does not have a spouse or child, ask about the Will-maker’s closest relatives – parents, siblings, nieces or nephews, etc. – and their full name, age, and address:

Other Dependents:

Ask the Will-maker if they have someone dependent on them for financial support for whom the Will-maker wish to provide – such as an elderly parent – and their full name, age, and address:

Other Responsibilities:

Ask if the Will-maker is currently:

• serving as the legal guardian for a person under the age of 19 (other than the Will-maker’s own children);
• serving as the committee or other legal guardian for a disabled or incapacitated adult; and
• serving as Executor of an estate of a deceased.

If the Will-maker is serving as an Executor for another, the terms of the will may provide for an alternative Executor on the death of the Will-maker or provide no alternate. In the latter case, the Will-maker’s appointed Executor of the Will-maker’s will would take over the Will-maker’s role as Executor of the other deceased. The Will-maker may, therefore, wish to appoint two Executors: one as Executor of their own estate and the other to take over the executorship of the previous will.

Part 2 – Financial Information

LSLAP can only assist clients whose estate consists of personal properties and does not include real properties and business interests such as proprietorships and partnerships.

LSLAP cannot advise clients with the disposition of foreign assets.

Financial and Personal Assets:

Bank accounts & term deposits:
Securities/bonds/shares:
Life insurance:
Pension plans & annuities:
RRSPs & RRIFs:
TFSAs:
Collectibles & other valuables:
Personal effects (e.g. furniture, automobiles, boats, etc.):
Other substantial assets (e.g. promissory notes, valuable club memberships, etc.):

Liabilities:

Inquire about the details of the Will-maker’s loans payable, guarantees, indemnities, and other debts:

Estimated Net Value of Estate

	Will-maker’s name	Partner’s name	Joint names
Total assets
Less – total debts
Total value of estate, before tax

Part 3 – Will Instructions

Information about the Primary Executor:

Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:

Information about the Alternate Executor:

Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:

Appointment of Guardian(s) for Infant Children (i.e. under 19):

Primary Guardian:

Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:

Alternate Guardian:

Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:

Specific Bequests of Personal Effects

Full name of the beneficiary	Address	Relationship to Will-maker	Description of item
_
_
_

Specific Bequests of Cash Legacies

Full name of the beneficiary	Address	Relationship to Will-maker	Amount
_
_
_

Charitable Gifts

Name of charity	Address	Cash amount/specific assets
_
_
_

Residue of Will-maker’s Estate

Full name of the beneficiary	Address	Relationship to Will-maker	Amount/Portion of residue
_
_
_

“Clean-up” Clauses:

If the Executor needs to invest the estate, the restriction the Will-maker would like to place on the Executor is:

• Unrestricted (any investment the Executor thinks is appropriate):
• Restricted, the restrictions being:

If minors are to receive gifts, the trustee and their name, address, and relationship to child are:

The age the child can receive the gift absolutely is:

Can money be used for the benefit of the child (e.g. education) before they become entitled absolutely?

Other limitations:

If a child fails to survive to above age, the gift/share is to be:

What is to be done with the Will-maker’s remains?

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