Category: Estate Law
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What to Do when the Executor Is Not Communicating with Beneficiaries?
A person is entitled to choose an executor to manage their estate, and courts generally respect that choice, but the executor still has a legal duty to communicate with beneficiaries and act in the estate’s best interest. When an executor is not communicating with beneficiaries, the first step is to send a polite written request […]
How Long Can an Executor Withhold Money From a Beneficiary?
An executor named in a will is the legal representative of the deceased, and the role comes with significant responsibility. In BC, there is no strict fixed deadline, but executors are generally expected to distribute estate funds within a reasonable timeframe, often around 12 months depending on the complexity of the estate. Executors must handle […]
| Costs, Estate Law
Inheritance Tax in BC: What Estates Actually Pay
Short answer: British Columbia has no inheritance tax, so you pay nothing just for receiving money or property from an estate. The catch is the estate itself pays first: probate fees to the BC courts, capital gains on assets the CRA treats as sold at death, plus executor and legal fees. Which costs apply, and […]
Contesting a Will in BC
In British Columbia you can contest a will on two tracks: challenging its validity — for example lack of capacity, undue influence, or improper signing under the Wills, Estates and Succession Act — or, as a spouse or child, asking the court to vary a valid will that leaves you inadequate provision under section 60. […]
If You’re Named in a Will, Do You Get a Copy? Your Rights in BC
Quick answer: There is no formal reading of the will in British Columbia. As part of applying for probate, the executor must send written notice to everyone named in the will and to anyone who would inherit under BC’s intestacy rules. Beneficiaries are entitled to a copy of the will and to know what they […]
| Estate Law, WESA s.60, Wills
How Long Does It Take to Receive an Inheritance in Canada?
Short answer: Most straightforward BC estates take about a year to pay out. Probate alone can run a few months, and the executor generally has a year — the “executor’s year” — to gather assets, settle debts and taxes, and distribute. There’s also a 210-day rule: executors usually wait 210 days from the grant of […]
How to Find and Claim an Unclaimed Inheritance in Canada
Quick answer: An unclaimed inheritance is money or property a beneficiary is entitled to but has never collected — often because they cannot be found, do not know about it, or the estate stalled. In British Columbia, unclaimed funds are frequently transferred to the BC Unclaimed Property Society, which keeps a free searchable database. Unclaimed […]
Dying Without a Will in BC
Short answer: When someone dies without a will in BC, the Wills, Estates and Succession Act decides who inherits, not the family. A spouse, including a common-law partner of at least two years, takes the first $300,000 (or $150,000 if the children aren’t also theirs), then splits the rest with the children. The court appoints […]
Transferring Property to a Child in Canada: What It Costs and How to Do It Right
Quick answer: In Canada, giving property to your child is not tax-free. The CRA treats the transfer as a sale at fair market value, so capital gains tax can apply even when no money changes hands. Land transfer tax and legal fees can also apply. A principal residence exemption may cover the family home, but […]
What is a Probate Lawyer?
A probate lawyer is a legal professional who helps executors and beneficiaries navigate the probate process, ensuring a deceased person’s estate is administered and distributed according to the law. They handle tasks such as validating wills, managing assets, paying debts, and resolving disputes, making the estate settlement process smoother and legally compliant. At Onyx Law […]