Dealing with a loved one’s estate in British Columbia involves navigating the probate process, a legal procedure overseen by the Supreme Court. Probate confirms the validity of a will and grants authority to the executor. Probate and wills lawyers play a crucial role in simplifying this process. This article centers on the probate application process, and not the bigger picture estate administration process, which can take between one and two years. Find the last will: Before even thinking about an application for probate, the executor has to be sure the will they have is the very last wil ..read more

In this post, our probate lawyers will explain the main responsibilities of an executor once someone has died in BC. Keep in mind this is just an overview of the subject and comprehensive legal advice should be sought if you are an executor currently administering estates. Without such legal advice, mistakes could be made and executors are personally liable for many types of mistakes. Here’s a general outline of what you should do if you have been tasked with administering an estate: Find the Will: Locate the original will. Once found, review it carefully to understand the testator’s w ..read more

A cohabitation agreement is a legal contract between a couple who are living together but are not married. This agreement can outline the rights, responsibilities, and expectations of the couple during the relationship and can also provide protection for both individuals in the case of separation in the future. Keep in mind that in BC, after two years of living together or after having a baby together, couples are deemed to be common law spouses by the Family Law Act of BC. If the relationship dissolves after that point, the law treats it as a separation triggering asset division, just the s ..read more

What is the time limit for contesting a will in BC? In British Columbia, spouses and children can hire an estate lawyer apply to court to vary the terms of a deceased person’s will, but here is a time limit for contesting a will (often referred to as the “limitation period”). The limitation period is generally 180 days or approximately six months, from when the grant of probate was issued by the court. During this time, a spouse or child of the will-maker can initiate a wills variation claim if they feel they were not adequately provided for in the will. Section 60 of the Wills, Estates and S ..read more

A testamentary trust is a type of trust only takes effect upon their death. It is typically created in a will. It is created to hold, protect, and distribute a person’s property and assets for the benefit of beneficiaries. Here are 5 key aspects of a testamentary trust: Trusts created in a will Unlike some trusts, which are established during a person’s lifetime (called an inter vivos trust), a testamentary trust is formed as part of an individual’s will and only takes effect upon that person’s death. The trust provisions are included in the will, outlining the terms and conditions under wh ..read more

Estate planning with multiple wills for foreign assets Estate planning is a vital aspect of ensuring the smooth and efficient distribution of assets after an individual’s passing. However, when dealing with multi-jurisdictional estates, where a person owns assets in different regions or countries, the complexities can multiply. In such cases, the use of multiple wills has become a common and practical approach to manage the intricate web of legal requirements. Multiple wills allow for a clear and effective division of assets, ensuring that each jurisdiction’s laws are properly respected. The ..read more

If you die without a will in BC, your estate will be distributed according to the laws of intestacy. BC’s intestate laws are specified in sections 20 through 25 of the Wills, Estates and Succession Act of BC. The estate basically passes to your next of kin, using parentelic distribution, with a few exceptions. Estate Administration Process While the administration process can be managed by the Public Guardian and Trustee, a close family member usually steps up to complete the estate’s administration and distribution with the help of a probate lawyer. This person is called the administrator ..read more

How do you know if you need to change a will? If you have an existing will in place, we recommend review it periodically to make sure it’s up to date. Here are a few common situations that could warrant you to review and update your will: Family Changes If there have been any noteworthy changes in your family circumstances, such as marriage, divorce, souring of relationships, a death in the family, or the birth of a child or grandchild, updating your will may be necessary to reflect these changes. Separation from a spouse, for instance, usually means that spouse has died before you for the ..read more

5 Reasons Why You Should Have a Power of Attorney: Convenience: A Power of Attorney can help you with the management of day-to-day affairs, especially if you travel frequently or have a busy schedule. You can grant a Power of Attorney to a trusted individual who can handle routine tasks on your behalf, such as paying bills, managing investments, and signing important documents, which will save you time and money while you are away. Business Continuity: If you are a business owner and you decide to go on a trip or become incapacitated, having a Power of Attorney in place can be essential for ..read more

Making a will is an important step in estate planning, as it allows you to decide how some of your assets will be distributed after you die. In today’s digital age, there are a plethora of online will websites that offer the convenience of creating a will from the comfort of your home. While online will-making may seem appealing, it is essential to consider the many dangers and limitations associated with this approach. No estate plan Online wills websites and the media have you believing that all you need is a will, and you’ll be fine.  But a will is simply one of many tools in an esta ..read more