Category: Estate Law
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Co-executor of a Will: Common Problems & Solutions
Dealing with the complexities of estate administration aren’t easy, especially when conflicts or uncertainties arise between co-executors. At Onyx Law Group, our experienced estate litigation attorneys have prepared a series of posts on the issue of removing an executor appointed in a BC will. In previous posts, we’ve looked into cases involving the removal of […]
Interim Distribution of an Estate
If you are a beneficiary who is waiting for the outcome of a wills variation claim, you may be facing the frustrating prospect of having your rightful share of the estate tied up in legal proceedings for months or even years. The good news is that interim distribution is possible, even while the litigation is […]
Does a Suicide Note Count As a Will?
In the realm of estate law, the validity of a will and its potential to be altered by a handwritten document is a fascinating and complex subject. British Columbia has witnessed intriguing cases where unconventional documents have played a critical role in determining the distribution of a person’s estate. One such case, Gregoire v. Cordani […]
| Estate Law, Trusts, Wills
Benefits of Estate Planning
Estate planning is not just for the very wealthy. It is important and beneficial for everyone. You may be wondering, why is estate planning important, regardless of financial status? Because it provides a variety of benefits for you and your loved ones and protects the assets you accumulate in your lifetime. A good estate plan […]
Justified Reasons to Remove Executors/Trustees
In British Columbia, removing an executor or trustee can be necessary when they fail to properly fulfill their duties. But what are the grounds for doing so? The case of Nieweler Estate (Re), 2019 BCSC 401 sheds light on the justified reasons for removal. Discover why the executor was removed in this real-life estate litigation […]
Notice of Dispute in British Columbia
The Notice of Dispute is an important legal mechanism used in the estate administration process in British Columbia. It provides an interested party with the ability to raise objections and dispute the issuance of an estate grant by the court. Understanding the rules and procedures surrounding the filing of a Notice of Dispute is crucial […]
| Estate Law, Wills
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 […]
BC Mutual Wills Agreement FAQs
A mutual will is an agreement between individuals to not revoke or alter their wills, except as provided for in the agreement. Evidence of an agreement not to revoke a will must be clear and unequivocal. The disappointed beneficiaries in Brynelsen Estate (Official Administrator of) v. Verdeck, 2002 BCCA 187 found out the hard way […]
Father Died Without A Will. Does His Common Law Partner Inherit His Estate?
In BC, if someone dies without a will, WESA sets the order of inheritance. A common-law partner inherits as a spouse only after at least two years of living together in a marriage-like relationship. Where there is a spouse and children, the spouse takes a preferential share first, then the rest is split. The loss […]
Spousal Rights After Death in BC
Quick answer: Yes. In British Columbia, a family property-division claim under the Family Law Act survives the death of a separated spouse. As confirmed in Weaver Estate v. Weaver, the personal representative of the deceased’s estate can start or continue the claim against the surviving spouse under section 150 of the Wills, Estates and Succession […]