Category: Estate Law
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What Is an Estate Freeze in Canada?
An estate freeze in Canada is a strategy used to lock in the current value of an individual’s estate for preserving wealth, minimizing tax consequences, lowering probate fees, and ensuring the smooth transfer of assets such as a family business to the next generation. An estate freeze can be a highly effective planning tool, and […]
Blended Family Estate Planning
A blended family is one that includes remarried spouses, stepchildren, and sometimes ex-spouses and comes with unique financial and legal challenges. Unlike traditional families, where assets typically pass seamlessly to a surviving spouse and then to children, blended families require more intentional estate planning to ensure fairness, prevent disputes, and protect everyone’s financial future. Without […]
Wills, Estates, and Succession Act BC
Quick answer: The Wills, Estates and Succession Act (WESA) is British Columbia’s main law governing wills, estates, and what happens when someone dies. In force since March 31, 2014, it replaced and consolidated several older statutes, including the Wills Act, the Estate Administration Act, and the Wills Variation Act. WESA sets out how to make […]
Wills Variation BC
In British Columbia, section 60 of the Wills, Estates and Succession Act lets a spouse or child ask the court to vary a will that fails to make adequate provision for them. A will-maker’s freedom to disinherit close family is limited, and any reasons given for disinheriting a spouse or child must be both valid […]
| Estate Law, Wills
What Is a Living Will | BC
Quick answer: In British Columbia, “living will” is a common label rather than an official legal term. The tools that actually do the job are the advance directive and the representation agreement. An advance directive, made under the Health Care (Consent) and Care Facility (Admission) Act, records your instructions accepting or refusing specific health care […]
What Assets Are Not Subject To Probate In BC?
The issue of probate can be confusing. When you are preparing your will or thinking about your getting your estate plan in place, you will almost certainly have questions surrounding BC probate. Will a probate application be needed? How much are BC probate fees? Are there steps you can take to reduce probate fees or […]
| Estate Law, Wills
Estate Planning Checklist in BC
A BC estate plan usually needs four core documents: a will, an enduring power of attorney for your finances, a representation agreement for health and personal-care decisions, and up-to-date beneficiary designations. These are governed by the Wills, Estates and Succession Act, the Power of Attorney Act, and the Representation Agreement Act, and without a will […]
What Happens if a Beneficiary Does Not Claim Their Inheritance in British Columbia?
No one intends for estate property or money to languish instead of going to its rightful owner. Unfortunately, unclaimed inheritances are quite common. What happens to a beneficiary’s assets if they do not claim their inheritance depends on multiple factors, such as whether or not they can be located, if they predeceased the will-maker, or […]
Problems with Siblings Settling Estates
When a parent dies, their children are faced with complex emotional challenges. The last thing siblings need is an estate battle during the grieving process. Unfortunately, disputes about a parent’s estate are quite common when a parent leaves multiple children behind. Problems can arise, such as conflicts due to disagreements over asset distribution, emotional strain, […]
Challenge a Will in BC
A Last Will and Testament is made so that the instructions and wishes of the will-maker are followed after their death. What happens when surviving family members or other beneficiaries dispute the will or question whether the will is legally valid? A will can be challenged after the will-maker has died—but legal action is only […]