Skip to main content...
Skip to main content

Category: Articles

Understanding the Tort of Family Violence

The tort of family violence gives survivors a way to seek financial compensation for abuse through the civil courts. In 2026, Canadian law took an important step by recognizing that patterns of family violence can support a legal claim beyond criminal or family court proceedings. If you or someone you love is experiencing abuse, understanding […]
| ,

Put a House in a Trust: 2026 Guide

Putting a house in trust means transferring legal ownership of the home to a trust that a trustee manages for your beneficiaries. In British Columbia it can help pass the property outside your estate and avoid probate, but it can trigger tax and land-transfer consequences, so the type of trust you choose matters. Putting a […]

Dealing with a Sibling Stealing from Estate in 2026

If a sibling is stealing from an estate, document the missing assets, gather supporting evidence, and speak with an estate lawyer as soon as possible. Depending on the circumstances, you may be able to recover stolen assets through the courts and hold the responsible party accountable. Acting quickly can help protect the estate and your […]
| ,

Living Trust in Canada: 2026 Guide

A living trust is an arrangement you create while you are alive: you move assets into a trust, a trustee manages them, and your beneficiaries receive them under the terms you set. In British Columbia it can keep assets out of your estate and away from probate, but it does not erase tax, and it […]
| , ,

Contesting an Executor of a Will in BC (2026)

In BC, you can ask the court to remove or supervise an executor for misconduct, conflict of interest, incapacity, or breach of fiduciary duty. Disagreement or personality clashes are not enough. The court steps in under WESA and the Trustee Act only where the estate or beneficiaries are genuinely at risk. Contesting an executor of […]

Can a spouse override a will in BC?

In British Columbia, a spouse cannot directly override a will, but they may apply to the court to vary it under the Wills, Estates and Succession Act if the will does not make adequate provision for them. This is where the importance of understanding spousal rights in estate planning becomes critical, as the court considers […]

How to Prove Lack of Testamentary Capacity in BC

To prove a lack of testamentary capacity in British Columbia, you must show that the person who made the will did not fully understand what they were signing at the time the will was created. BC courts examine whether the will-maker understood the nature of the will, the extent of their assets, the people who […]

Can Siblings Contest A Will?

When a parent passes away and the will doesn’t reflect what family members expected, a question inevitably comes up: can siblings actually contest the will or their parent’s estate? Yes, siblings can contest a will, but only under specific legal grounds and only if they have legal standing to bring a claim. While the process […]
| , ,

Can You Contest a Probate Application in BC?

Yes, you can contest a probate application in British Columbia, but the process depends on what you are challenging. Disputes over a will’s validity, adequate provision for a spouse or child, an executor’s appointment, or delaying probate before it is granted are all separate legal procedures. Each has different deadlines, standing requirements, and remedies, so […]
| , ,

What Happens if an Executor Refuses to Act in BC?

An executor in British Columbia is responsible for managing a deceased person’s estate, paying debts, and distributing assets to beneficiaries according to the will. When an executor refuses to act, the probate process can stall, creating delays, confusion, and added stress for everyone involved. In many cases, the executor may step aside voluntarily, but if […]