Category: Estate Law
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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 […]
What Happens When a Person With Debt Dies?
When a person with debt dies in British Columbia, their debts do not automatically become the responsibility of their spouse or family. Instead, the deceased’s estate is generally used to pay outstanding debts before any remaining assets are distributed to beneficiaries. However, surviving family members may still be legally responsible for certain debts, such as […]
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 […]
Does a Common-Law Spouse Inherit if a Partner Dies Without a Will?
This page deals with one situation: a common-law partner in British Columbia whose partner has died without a will. If you are looking for the general rules on what any spouse inherits in BC, start with Does a Spouse Automatically Inherit Everything in BC? When someone passes away in British Columbia, many people assume that […]
Does a Spouse Automatically Inherit Everything in BC?
No, a spouse does not automatically inherit everything in British Columbia. Under the Wills, Estates and Succession Act (WESA), what a surviving spouse inherits depends on whether the deceased had a valid will, whether they had children (especially from a previous relationship), and whether the relationship was legally recognized. If there is no will, BC’s […]
What Happens to a Person’s Finances When They Die?
When a person dies, their finances become part of their estate and are handled through the estate administration process. Bank accounts, debts, taxes, and assets are managed according to the deceased’s will or, if there is no will, the applicable inheritance laws. Understanding what happens to a person’s finances when they die can help families […]
| Estate Law, Wills
What Happens After Probate Is Granted in BC
After probate is granted in British Columbia, the executor gains the legal authority to administer the estate. They collect and protect estate assets, pay debts, taxes, and other outstanding obligations, then distribute the remaining assets to beneficiaries once all legal requirements have been met. The entire process usually takes several months, depending on the complexity […]
| Estate Law, WESA s.60, Wills
BC Inheritance Laws: Who Inherits, and What Beneficiaries Are Owed
Short answer: BC inheritance law runs on the Wills, Estates and Succession Act. If there’s a valid will, the estate follows it, though a spouse or child can apply to vary a will they consider unfair. With no will, WESA’s intestacy rules set who inherits and in what share. Either way the estate goes through […]
Codicil to a Will in British Columbia
A codicil is a legal document that allows an individual to make changes or additions to their existing will without having to completely rewrite it. In British Columbia, codicils play an important role in the estate planning process, providing flexibility and convenience for those who need to make updates to their existing will. Understanding the […]
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 […]