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
How Do I Probate an Insolvent Estate?
Being in charge of probate for an insolvent estate is truly a thankless task, yet if you have accepted this assignment, you must carry out your duties. These types of estates are usually best administered by a lawyer, as now the executor will need to become familiar with not just British Columbian estate laws, but bankruptcy laws as well. There … 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
What Do Alternate Estate Executors Need to Know?
Sometimes people named as executors of estates are unable to serve in that capacity. They may have died at the same time as the decedent, as in spouses killed in an accident, or they might have predeceased the decedent. There are other reasons that could preclude a named executor from carrying out his or her duties. Perhaps that person no … 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
Professional Guidance During Probate
Dealing with probate matters can be one of the hardest things you’ve ever done because it necessarily comes after what might be a great loss. At a time when you are grieving for a loved one or caught up in the shock of loss, you are also asked to begin a sometimes complex and detail-imbued legal process. Having a professional … 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
Estate Lawyers Represent Only the Personal Representative
Sometimes in cases of estate administration, the person named as administrator of the estate will retain a lawyer to assist him or her with the process, only to learn later that there is a potential conflict of interest involved. A British Columbia estate administration lawyer who has a busy practice and full roster of present and former clients may not … Read More