Category: Estate Law
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Contesting a Will Due to Dementia
In BC, a will is valid only if the will-maker had testamentary capacity when it was made. Dementia does not automatically void a will, but it can raise suspicion. Where suspicious circumstances exist, the person relying on the will must prove the will-maker knew and approved of it. With the aging population and rising incidence […]
Co-executor of a Will: Common Problems & Solutions
When executors have different ideas about how to handle an estate, this can lead to delays that could drag probate for months and really stress relationships among family members. Common troubles include breakdowns in communication and one executor going ahead when the other isn’t in agreement. Understanding how to deal with such differences is really […]
Interim Distribution of an Estate in BC
In British Columbia, interim distribution allows some estate assets to be distributed to beneficiaries before an estate dispute, such as a wills variation claim, is fully resolved. However, distribution during ongoing litigation is subject to restrictions under the Wills, Estates and Succession Act (WESA), and the court may need to authorize the distribution. Understanding when […]
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 […]