Category: Estate Law
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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 […]
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 […]
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 […]
| Estate Law, Wills
How to Make a Will in British Columbia?
To make a valid will in BC you must be at least 16 and mentally capable, put your wishes in writing, name an executor, and sign the will in front of two adult witnesses who also sign it. These formalities come from section 37 of the Wills, Estates and Succession Act (WESA), and a will […]
What Is a Constructive Trust?
Quick answer: A constructive trust is a remedy a court imposes to fix an unfair result, not a trust anyone deliberately creates. It most often arises to reverse unjust enrichment — where one person has been enriched at another’s expense with no legal reason for it. When money damages are not an adequate remedy and […]
Can a Notary Probate a Will in BC?
Probate in British Columbia is the legal process of confirming a will’s validity and giving the executor authority to manage and distribute the deceased’s estate. No, a notary cannot probate a will in British Columbia, because the process must be filed through the Supreme Court. While many people turn to notaries for help with wills […]
| Estate Law, Wills
Power of Attorney Versus Executor of Will
In British Columbia, a power of attorney lets someone manage your financial and legal affairs while you are alive — an enduring power of attorney continues if you lose capacity — and that authority ends at death. From that point the executor named in your will takes over to administer your estate. They are two […]
How Long Do You Have To Contest a Will in BC?
You may want to contest a will if you have been disinherited, did not receive a fair share in comparison to your siblings, or if you suspect the will does not represent the true wishes of the deceased person. Generally, the time you have to contest a will in BC is 180 days from the […]
| Costs, Estate Law
How Much Does It Cost to Contest a Will in Canada?
Contesting a will means challenging its validity in court. Maybe you’ve been left out entirely. Maybe what you were promised doesn’t match what ended up in the document. Or maybe you believe the person who made the will wasn’t thinking clearly or was pressured by someone else. Whatever the reason, deciding to contest a will […]
How Long Does Probate Take in BC?
Immediately after a loved one’s death, you are dealing with complex emotions while planning a funeral and trying to find their will. What comes next? How are estate assets handled, and who oversees the deceased’s estate? The estate administration process can be complex and intimidating. On average, the probate process takes around 6 months, but […]