Category: Estate Law
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Can an Ex-Wife Contest a Will in BC?
Separation and divorce can unsettle so many areas of life, including a person’s estate plan. While an ex-wife or ex-husband may be able to contest a will in BC, questions and issues arise such as whether an ex-spouse can inherit under an old will that pre-dates the separation, if an ex-spouse can challenge the existing […]
Do You Need a Lawyer When Someone Dies in BC?
The period after the death of a close family member can be very overwhelming. As you are grieving and coming to terms with the loss, you are also trying to figure out what steps to take to handle the deceased person’s affairs and how to deal with estate assets. There is a lot to be […]
Who Can Contest a Will in British Columbia?
A clear estate plan can ensure the smooth transfer of assets, minimize estate taxes, and provide significant peace of mind. Proper estate planning can also help avoid disputes among surviving family members. Will challenges happen when plans go awry (or aren’t made in the first place). Contesting a will can be a difficult and emotional […]
The Role of an Estate Lawyer After Death in British Columbia
Working with an experienced estate planning lawyer is the best way to avoid probate mistakes and minimize the potential for disputes among your loved ones after your death. A comprehensive, well-thought-out estate plan lays the groundwork for a smooth transfer of wealth and estate assets. An experienced estate lawyer can play a significant role in […]
How To Get Your Inheritance Money in British Columbia
Quick answer: To receive inheritance money in BC, the estate first has to be administered: the executor (or a court-appointed administrator) gathers the assets, pays the debts, taxes, and expenses, and then distributes what is left to the beneficiaries. Money usually is not paid out until probate is granted and the executor is satisfied the […]
Unequal Inheritance Between Siblings in Canada – Case Study
In Canada, the question of whether an inheritance should be distributed equally between siblings has been a subject of legal debate. In British Columbia, for example, the case of Grewal v. Litt showcased a situation where an unequal inheritance between siblings led to a legal challenge. Our expert estate litigation lawyers can provide you with valuable […]
Can my Dad’s Girlfriend Contest his Will in BC?
A live-in partner inherits from an intestate estate in BC only if they qualify as a spouse under section 2 of WESA, which means the couple lived in a marriage-like relationship for at least two years. If the relationship was shorter than two years and they were not married, the partner is not a spouse […]
What is Estate Litigation?
Estate litigation can be many things. It can be stressful and emotional. It can be time-consuming and costly. Many hope to avoid the litigation process altogether. But the bottom line is that in some situations, estate litigation is absolutely necessary to secure justice and ensure that a loved one’s final wishes are respected. You don’t […]
| Estate Law, Wills
Pour Over Clause
Pour over clauses are provisions in a will that specifies that any assets not specifically mentioned in the will are to be put ( “poured over”) into a trust upon the testator’s death. These pour over clauses ensure that any surplus assets are managed and distributed according to the terms of the trust. It also […]
Estate Planning: Will Preparation is Important and it’s Easier than You Think
Many Canadians put off estate planning or avoid it altogether. A recent poll of Canadian adults found that 50% don’t have a Last Will and Testament in place. When asked why they don’t have a Will, the top reasons were that they are too young to need one, they don’t have enough assets to worry […]