Burnaby Estate Lawyers

An experienced estate lawyer can play a significant role in ensuring things go smoothly in a range of important situations. You should consider contacting our Burnaby estate lawyers when:

• You want to draft or update your will or a trust.

• You want to get a plan in place so your personal care and financial affairs are properly managed on your behalf should you lose capacity.

• You have a blended family, own foreign assets, want to disinherit a family member, or establish a trust to benefit a disabled relative or charitable organization

• You own a business and need a plan for business succession.

• You’ve been treated unfairly in a will or disinherited by a family member.

• You’re involved in a dispute over an estate or a will.

• A family member has died without a will, and you need guidance on the legal process and inheritance rights.

• You’ve been appointed as executor or administrator of a loved one’s estate and aren’t sure how to navigate this demanding role.

• You’re the beneficiary of an estate, and you have concerns or complaints about the conduct of the person acting as executor or administrator of the estate.

Working with an estate lawyer will provide you with much-needed support, peace of mind, and access to additional resources to make the process go as smoothly as possible.

Estate litigation lawyers assist clients involved in legal disputes after a person’s death. Estate disputes can arise for many reasons, including questions about the validity of the will, allegations of fraud or misfeasance, inheritance theft, and allegations of unjust exclusion from an estate (disinheritance).

An estate lawyer can help you if you want to challenge a will or vary a will in your favour (known as a wills variation claim, which can be brought by a spouse, dependent child, or adult child of the deceased person). An estate lawyer can also help you defend claims brought against a family member’s estate, which, left unchecked, could reduce your inheritance and diminish the estate’s value.

Whatever the source of the dispute, estate lawyers with litigation experience can provide valuable legal advice and guidance throughout the process, advocating for your best interests and using negotiation, mediation, and other techniques to resolve disputes as quickly, inexpensively, and fairly as possible.

If an out-of-court settlement is not possible, our team of estate lawyers has extensive experience taking cases to trial. Our lawyers offer both friendly service and fierce advocacy. Depending on the source of the dispute and the outcome of the litigation, you may be able to recover legal costs associated with hiring a lawyer from the deceased’s estate.

There are many steps that need to be taken after a person’s death. While every case is unique, here is a general overview of the steps in the estate administration process:

1. Confirm the Will or Intestacy. Locate the original, signed copy of the Last Will and Testament, which will be needed if probate is necessary. If there is no will, the person is said to have “died intestate,” and their assets must be distributed among their heirs in accordance with BC intestacy laws. 

2. Gather Other Legal Documents and Information. Codicils, previous versions of the deceased person’s will, and the death certificate are examples of legal documents that are likely needed. The names and contact information for beneficiaries, heirs, creditors of the estate, and other interested parties will also be needed.

3. Notify Heirs, Creditors, and Other Interested Parties. Formal notice of the proposed application for probate must be properly served on certain people before filing the estate grant application. 

4. Inventory the Estate. A detailed list of the deceased person’s assets and debts, including fair market value, must be prepared.

5. Apply for Probate (If Probate is Needed). Probate isn’t always necessary, depending on factors such as the value of the estate property, the type of assets in the estate, and whether there is a dispute as to the validity or authenticity of the will. If an estate grant application is necessary, it must be brought in the Supreme Court of British Columbia. The application is brought by the executor named in the will or the person seeking to be appointed estate administrator if there is no will.

6. Pay Debts and Taxes. After the estate grant has been issued, the executor or administrator will get certified copies of the estate grant, which he or she can then provide to third parties as proof of their authority to deal with the deceased’s property. Assets can be transferred to the name of the estate or sold. The money is pooled together after estate assets have been liquidated, and the funds are held in trust. Debts, income taxes, and other liabilities must be paid from the estate, and a clearance certificate from the Canada Revenue Agency must be obtained.

7. Distribute the Estate. What remains in the estate after debts, liabilities, and income taxes have been paid can be distributed to the beneficiaries according to the will (or to the intestate heirs if there was no valid will). The personal representative of the estate must prepare a detailed accounting of receipts and disbursements incurred during the estate administration process.

The team of BC estate and probate lawyers at Onyx Law Group regularly assists clients in administering estates and trusts. We ensure a smooth probate process and the proper administration of estates, from start to finish. Whether the situation is contentious or amicable, relatively simple or highly complex, a probate lawyer can guide you through each stage of the estate administration process. Contact us today to schedule a consultation and learn more about our services.

If you’re involved in an estate dispute or considering estate litigation, we offer a free 30-minute consultation to give you the opportunity to discuss your matter with a passionate and knowledgeable Onyx team member who can provide advice on the right steps forward.