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Carrying Out Final Wishes

November 2016 Archives

Contested will leads to probate dispute

In most situations, when a will goes through probate in British Columbia, it's a simple process. If the will is found to be valid, the executor or administrator sets about fulfilling the contents of the document. There are occasions, however, when the will is challenged for some reason, and probate may become more complicated. An extreme example of this is transpiring right now in another jurisdiction. 

When a will is vague, estate administration may be complicated

The responsibility of being executor of an estate, or the British Columbia court-appointed administer, is a heavy burden. Fortunately, a well written will leaves little room for doubt as to what needs to be done with the deceased's assets. Vague wording, however, can lead to misinterpretation and may complicate the task of estate administration.

Disinherited kids challenge will in probate, seek share of estate

When an individual in British Columbia passes away and leaves a will, the will must go through probate. In theory, the probate process is relatively simple: the will is submitted to the court and its legality is verified before then being administered by the executor. In rare cases, the will may be challenged, usually by hitherto unknown heirs, or those claiming to be heirs. Recently, an exceptional case involving multiple claimants challenging more than one will was settled in a court south of the border.

Without a will, estate administration determines distribution

Over the course of a person's life, he or she may accumulate assets of value, such as real estate holdings or intellectual property. If that person passes away without a will in British Columbia, it is up to the court appointed administrator (a position that must be applied for) to manage the estate. In some cases, estate administration can be an extremely daunting task, as it has been for those responsible for the estate of one very famous musician.

Marie-Louise Fast Marie-Louise Fast Lawyer & Notary Lawyer Profile

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