Having A Baby In BC? Why New Parents Need A Will

Key Takeaways

• Protect Your Child’s Future: A Will is the primary legal tool to appoint a guardian for your minor children, ensuring they are cared for by people you trust.
• Create Clarity and Certainty: Without a Will, provincial rules dictate how your estate is managed; a Will allows you to clearly define your wishes and reduce stress for your family during difficult times.
• Go Beyond Assets: Estate planning for parents is about more than just property; it’s about establishing trusts for your child’s inheritance and appointing the right person to manage those funds.
• Build a Complete Safety Net: Beyond a Will, consider an Enduring Power of Attorney and a Representation Agreement to ensure your finances and healthcare decisions are managed if you become incapacitated.

Welcoming a new baby brings incredible joy, new routines, and many important decisions. Between preparing the nursery, arranging parental leave, and learning life with a newborn, preparing a Will may not feel urgent. However, for many parents, having a baby is the strongest reason to begin thoughtful Wills and estate planning.

You may not yet have a large estate, investment portfolio, or family home. That is completely normal. A Will is not only about the value of what you own. For new parents in British Columbia, it is also about protecting your child, recording your wishes, and creating a clear plan for the people you love most.

Why Do New Parents Need A Will?

A Will is a legal document that sets out what should happen to your estate after your death. It can name the person responsible for administering your estate, explain who should receive your assets, and record your preferred guardian for your minor children.

Without a valid Will, the law determines how your estate is distributed under British Columbia’s intestacy rules. More importantly for parents, there is no Will to show who you believed would be the best person to care for your child.

For a young family, this clarity can be one of the most meaningful gifts you provide. A carefully prepared Will does not remove the sadness of an unexpected loss, but it can reduce uncertainty at an already difficult time.

How Do I Choose A Legal Guardian For My Child?

The question of guardianship is often the most important reason new parents decide to prepare a Will.

Under BC’s Family Law Act, a child’s guardian may appoint someone to become a guardian after the appointing guardian’s death through a Will. The person appointed must accept the role, and the child’s best interests remain central to any guardianship decision.

Your Will gives you an opportunity to identify the person you trust to provide your child with a loving, stable home if you and the other parent are both unable to care for them.

When thinking about a potential guardian, consider:

• Their relationship with your child
• Their values, parenting approach, and family environment
• Their health, age, and willingness to take on the responsibility
• Where they live and whether a move would be required
• Their ability to care for your child alongside their own family or commitments
• Whether you should name an alternate guardian

This decision can feel emotional, and there is rarely a “perfect” choice. The goal is to make a thoughtful decision based on your child’s needs, your family circumstances, and the people you trust most.

Our article on why it is important to appoint a guardian for your minor children explores this subject in more detail.

Does A Will Protect More Than Just Financial Assets?

Even when parents feel they do not have much to leave behind, there may still be important assets and benefits to consider. This may include savings, life insurance proceeds, workplace benefits, registered accounts, a vehicle, personal belongings, or an interest in a home.

A Will allows you to decide how these assets should support your child. You can also consider whether the person caring for your child should be the same person managing the inheritance.

For example, you may feel that a close sibling would be an excellent guardian, while another trusted family member has stronger financial experience and may be better suited to act as executor or trustee. Depending on your circumstances, your Will can reflect those different roles.

For minor beneficiaries, it is especially important to think about how money should be managed and when it should be received. A properly prepared Will can create a trust arrangement so that a responsible trustee manages funds for your child’s benefit. Parents may also decide at what age their child should receive an inheritance, rather than having the funds distributed all at once.

Who Should I Choose As My Executor And Trustee?

An executor is the person responsible for carrying out the instructions in your Will. Their work can include locating assets, paying debts, handling tax matters, applying for probate when required, and distributing the estate.

A trustee manages assets held in trust for a beneficiary, such as a minor child. In some families, the executor, trustee, and guardian may be the same person. In others, separating these responsibilities can create a more practical balance.

When choosing an executor or trustee, consider whether the person is:

• Responsible and organized
• Willing to take on the role
• Able to communicate clearly with family members
• Comfortable handling financial and administrative tasks
• Likely to be available when needed

It is also wise to name an alternate. Life changes, and the person you first choose may be unable or unwilling to act years from now.

Learn more about what an executor may need to do in our practical guide to executor duties in BC.

What Other Legal Documents Do New Parents Need?

A Will takes effect after death. New parents should also consider what would happen if illness, injury, or incapacity prevented them from managing financial or personal decisions while they are alive.

An Enduring Power of Attorney can authorize a trusted person to make decisions about your financial affairs, business, and property if you become incapable. A Representation Agreement can address personal care and health care decisions, depending on the type of agreement and authority provided.

Together, these documents can form a practical plan for life’s unexpected moments:

• Will: Addresses your estate after death
• Enduring Power of Attorney: Addresses financial and legal decisions during incapacity
• Representation Agreement: Addresses personal care and health care decisions during incapacity

Our estate planning resource explains why a complete plan often involves more than a Will. You can also read about why a Power of Attorney matters even when you have a valid Will and the role of a Representation Agreement.

Why Do Many Parents Delay Making A Will?

Many parents tell us they intended to prepare a Will but thought they needed to wait until they were older, owned a home, or had more savings. In reality, waiting can leave important decisions unresolved.

These concerns are understandable. Yet estate planning often becomes easier once you begin the conversation. You do not need every future detail figured out today. You need a thoughtful, legally prepared plan that reflects your current life and can be reviewed as your family grows.

A Will should also be updated after major life events, including another child, marriage, separation, a home purchase, an executor’s death, or a significant change in your preferred guardian.

What Happens If I Don’t Have A Will?

Dying without a Will can create added stress, delay, and uncertainty for the people left behind. BC law determines how an intestate estate is distributed, but those default rules cannot reflect every family’s values, relationships, or wishes.

For parents, the most pressing concern is often not the estate itself. It is the question of who will care for their child and how funds intended for that child will be protected.

A professionally prepared Will gives you the opportunity to make your wishes known clearly. It also helps reduce the risk of misunderstandings, family conflict, or incomplete planning that can arise from generic online templates.

For additional context, read our article on what happens if you die without a Will in BC and our guide to what makes a Will valid in BC.

Quick Checklist When Having a Baby: Getting Started

• Define Your Goals: Consider who you want to care for your children and manage their financial future.
• Identify Key People: Choose a trustworthy guardian for your child and a reliable executor for your estate.
• Plan for Life’s Unexpected Moments: Talk to a professional about including an Enduring Power of Attorney and Representation Agreement in your plan.
• Schedule a Review: Commit to reviewing your Will every 3–5 years or whenever your family circumstances change.

Related Resources

• Executor Duties in BC: A Practical Guide
• What Happens to Your Digital Assets?
• Why Estate Planning Is More Than Just Writing A Will

How Can I Start My Estate Plan Today?

Preparing a Will after having a baby is not about expecting the worst. It is about caring for your child in a practical, loving, and responsible way.

At LC Notary, we help Langley, Aldergrove, Willoughby, Walnut Grove and the entire Fraser Valley families work through these decisions with calm, step-by-step guidance. Our award-winning team brings extensive legal education, careful attention to detail, and a personable approach to every estate-planning conversation.

A Will can give you confidence that you have taken an important step to protect your family, your wishes, and your child’s future. Contact us to book an appointment, or begin by completing our Wills intake form.