If you are named as executor of someone’s estate, that is an indication that the person had great confidence in you and your ability to carry out his or her wishes. But while it may be considered an honour, it is also a big responsibility. Some people who are named as executors wind up renouncing those duties. There can be … Read More
Having No Will Leaves Estate Administration to the Courts
Wills are the most common way for a person to decree how his or her estate will be handled after they have passed away. They can be set up to provide welcome gifts to grieving loved ones, or to make provisions for vulnerable heirs. However, they can only be effective if they are written, and many people in British Columbia … Read More
When the Estate Includes Digital Assets
If you are selected to administer a family member’s, close friend’s or business associate’s estate, chances are that in this digital age, your responsibilities could include management of the digital assets of the deceased. When you consider that may entail responsibility for a lifetime’s worth of accounts and files uploaded to the cloud, coupled with bereaved loved ones clamoring for … Read More
Estate Administration: how to know if one is up to the task?
Some people are born to greatness; others have greatness thrust upon them, a famous saying has it. In a sense, the same is true for estate executors. Most executors know well in advance that they have been chosen for the job, while others may not find out until the testator’s wishes are revealed after his or her passing. Estate administration … Read More
Definitions of the Wills, Estates and Succession Act
If you are involved in the probate of a will, below are some definitions and interpretations as set forth in the Wills, Estates and Succession Act that took effect in British Columbia in 2014. Beneficiary – An individual named in wills to receive a portion or all of an estate, or an individual who has a beneficial interest in any trusts … Read More
Can I Disinherit my Children?
Many people find great comfort in knowing that their will clearly designates who will take possession of their treasured belongings and other assets after their deaths. However, what about those to whom they prefer to leave nothing? Are people able to disinherit family members if they so choose? Under the Wills, Estates and Succession Act of British Columbia, the testator … Read More
Dealing with Disgruntled Heirs
If you are handling the probate process as an estate administrator, one challenge you may encounter are disappointed beneficiaries. There can be many reasons for their disappointment, and few of them will likely be because of decisions that you make. However, it will be to you whom they turn with their dissatisfaction, so you must be prepared should this occur. … Read More
The Duties of an Executor, Part III
Many executors don’t need to apply for probate, depending upon the estate’s assets, as some can pass on to the heirs directly. Properties owned as joint tenancies with other people don’t have to be probated. All executors must do is file applications accompanied by the death certificates in the Land Title Office to register the properties in the surviving joint … Read More
The Duties of an Executor, Part II
This is the second installment of our series on the duties of an executor in British Columbia. Many executors elect to retain a lawyer to prepare the paperwork and provide legal advice on the probate process. Legal fees are considered to be a legitimate expense of the estate and are paid out of the assets. Most lawyers can provide … Read More
Avoiding Problems with Probate
Despite the best intentions, not all probates proceed smoothly. If you are responsible for probating and administering an estate, you might run into some of these typical problems. Inadequate will searches. The process must include all variations of names. When handling land transfers, the names must be listed exactly as they appear in the first part of the Title of … Read More