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Category: Estate Law

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Everything You Should Know About Estate Law in British Columbia

BC estate law covers a lot of ground. It includes estate planning (Wills, trusts, incapacity planning) and the law that applies if a family member dies without a Will. Estate law also includes estate litigation, which may be necessary if there are questions about the validity of a Will, suspicions that a will maker lacked […]
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Executor Not Communicating With Beneficiaries

A person has the right to choose who will handle their estate after they pass away. That person, known as the executor, is appointed in an individual’s Last Will and Testament. In British Columbia, courts give a high degree of respect to a will-maker’s choice of executor. An executor has many duties and responsibilities, including […]
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Does a Spouse Automatically Inherit Everything in BC

When it comes to inheritance, many people assume that a spouse will automatically inherit everything in the event of their partner’s passing. However, in British Columbia, the laws surrounding inheritance can be quite complex. In this article, we will explore the ins and outs of inheritance laws in BC and answer the question of whether […]
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What is a Probate Lawyer?

There is so much to be done after a loved one dies. How do you deal with their belongings? What legal forms and legal documents are needed to sort out your family member’s property and debt? Probate rules are notoriously confusing. The probate process can all feel very overwhelming, especially while you are grieving. The […]
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BC Inheritance Laws

It is a fact of life that all of us will experience the loss of loved ones. When family members die, it can bring up a lot of emotions. It can also bring up a lot of confusion and questions about inheritance rights. For that reason, it is so important to understand BC inheritance law. […]
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Spousal Rights After Death in BC

BC’s Family Law Act provides that, upon separation, each spouse has a right to an undivided half interest in all family property as a tenant in common, and is equally responsible for family debt. What happens if a spouse dies after separation but before family property issues have been settled? Does the deceased spouse’s claim […]
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How long does an executor have to settle an estate in Canada?

An executor appointed in a will is the personal representative of the deceased. It is an important role that comes with a lot of responsibilities. The executor’s tasks include handling the funeral, paying estate debts, locating beneficiaries, filing income tax returns, and distributing estate assets. It takes time to perform these tasks, and to do […]
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The Legal Costs of BC Committeeship Applications

An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship can be relatively straightforward where there is no dispute among loved ones. If there is disagreement on who should be appointed committee, the matter becomes more complicated. Legal […]
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Dementia Raises Suspicion that Late-in-Life Will Not Valid

A late-in-life Will that disinherits certain children. Dementia and cognitive decline of the will-maker. Secrecy surrounding preparation of the new will. All of this led to a dispute over the estate of an elderly BC woman in Re Singh Estate, 2019 BCSC 272. In this case, the will-maker’s eight children and most of their spouses […]
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BC Court Declares Unsigned Will To Be Valid

In March 2020, the world ground to a halt as a result of the COVID-19 pandemic. Offices were shuttered and in-person meetings were only permitted for essential purposes. In light of the pandemic, Marilyn Bishop cancelled her March 20th appointment at her lawyer’s office to execute her new will. She had already given her instructions, […]
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