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Is Probate Necessary If There Is A Will?
When a loved one passes away, one of the first questions families ask is: “Is it necessary to go through probate if there is a will?” The short answer is that most often, yes. Having a last will and testament does not automatically mean you can avoid probate. In British Columbia, whether probate is required […]
Common-Law Relationships in BC: When You Qualify and What You’re Owed
Quick answer: In British Columbia, you are common-law once you have lived in a marriage-like relationship for at least two years, or sooner if you have a child together, which counts for spousal support. After two years, the Family Law Act gives common-law partners the same property and debt rights as married spouses. Shared family […]
Can An Estate Sue For Wrongful Death
Losing a loved one due to someone else’s negligence or intentional actions is devastating, and it often raises questions about legal rights and accountability. An estate can sue for wrongful death, with the deceased person’s executor or personal representative having the legal authority to file a claim. This allows the estate to seek compensation for […]
Can A Trustee Go To Jail For Stealing From Trust
Yes, a trustee can go to jail for stealing from a trust, as such actions are considered theft or embezzlement under the law. Legal consequences include criminal charges, fines, restitution, and possible imprisonment, in addition to civil liability requiring repayment of the stolen assets. Courts may also remove the trustee and impose additional penalties to […]
Penalty for Stealing From an Estate in Canada
The penalty for stealing from an estate in Canada can include criminal charges for theft, fraud, or breach of trust, with consequences such as fines, restitution, and imprisonment under the Criminal Code. The severity of the penalty depends on factors like the value of the stolen assets, the offender’s intent, and whether the person was […]
What Are Court Appeals
Going to court can be stressful because of the complex documents, arguments, and uncertainty of the outcome. Even if a judgment feels unfair, the legal process doesn’t necessarily end there, as an appeal can be pursued. A court appeal is a formal request for a higher court to review a lower court’s decision to determine […]
| Articles, Contract, Costs, Litigation, Probate
How to Calculate Capital Gains on Inherited Property in Canada
Short answer: In Canada, you don’t inherit a capital gains bill directly — the estate does. The CRA treats the deceased as selling everything at fair market value the moment before death, and half of any gain is taxable on their final return. A principal residence exemption or a spousal rollover can reduce or defer […]
Probate Fees Calculator
A probate fee calculator is a tool that helps estimate the fees an executor must pay to the court when administering a deceased person’s estate. In British Columbia, probate is the legal process by which the court validates a will and authorizes the executor to manage and distribute the estate. Using a probate fees calculator […]
Can An Executor Decide Who Gets What?
Can an executor decide who gets what? In most cases, the answer is no. An executor must follow the will and the law, which means they cannot simply choose who receives the estate’s assets. If you have been given the important role of acting as executor for the estate of a deceased, and you are […]
Who Has More Power: Executor Or Trustee?
When it comes to the question, who has more power: executor or trustee?, the answer depends on the context, but generally, an executor holds broader authority over the overall estate, while a trustee manages specific trust assets. The Executor is responsible for managing the deceased’s estate, which includes paying debts and distributing assets as per […]