Category: Wills
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| Articles, Litigation, Wills
Contesting an Executor of a Will in BC (2026)
In BC, you can ask the court to remove or supervise an executor for misconduct, conflict of interest, incapacity, or breach of fiduciary duty. Disagreement or personality clashes are not enough. The court steps in under WESA and the Trustee Act only where the estate or beneficiaries are genuinely at risk. Contesting an executor of […]
| Estate Law, Wills
What Happens After Probate Is Granted in BC
After probate is granted in British Columbia, the executor gains the legal authority to administer the estate. They collect and protect estate assets, pay debts, taxes, and other outstanding obligations, then distribute the remaining assets to beneficiaries once all legal requirements have been met. The entire process usually takes several months, depending on the complexity […]
| Estate Law, WESA s.60, Wills
BC Inheritance Laws: Who Inherits, and What Beneficiaries Are Owed
Short answer: BC inheritance law runs on the Wills, Estates and Succession Act. If there’s a valid will, the estate follows it, though a spouse or child can apply to vary a will they consider unfair. With no will, WESA’s intestacy rules set who inherits and in what share. Either way the estate goes through […]
Codicil to a Will in British Columbia
A codicil is a legal document that allows an individual to make changes or additions to their existing will without having to completely rewrite it. In British Columbia, codicils play an important role in the estate planning process, providing flexibility and convenience for those who need to make updates to their existing will. Understanding the […]
Can a spouse override a will in BC?
In British Columbia, a spouse cannot directly override a will, but they may apply to the court to vary it under the Wills, Estates and Succession Act if the will does not make adequate provision for them. This is where the importance of understanding spousal rights in estate planning becomes critical, as the court considers […]
Can Siblings Contest A Will?
When a parent passes away and the will doesn’t reflect what family members expected, a question inevitably comes up: can siblings actually contest the will or their parent’s estate? Yes, siblings can contest a will, but only under specific legal grounds and only if they have legal standing to bring a claim. While the process […]
Is Probate Necessary If There Is A Will?
When a loved one passes away, one of the first questions families ask is: “Is it necessary to go through probate if there is a will?” The short answer is that most often, yes. Having a last will and testament does not automatically mean you can avoid probate. In British Columbia, whether probate is required […]
Contesting a Will in BC
In British Columbia you can contest a will on two tracks: challenging its validity — for example lack of capacity, undue influence, or improper signing under the Wills, Estates and Succession Act — or, as a spouse or child, asking the court to vary a valid will that leaves you inadequate provision under section 60. […]
How to Avoid Probate in BC
Estate planning in BC can feel complex, but having clear goals makes the process much simpler. If you want to avoid probate in BC, there are effective strategies to reduce or bypass it, lowering fees and easing estate administration. You can achieve this by using joint ownership, naming beneficiaries on accounts and insurance policies, creating […]
How Much Does It Cost to Make a Will in BC?
A will is a legally binding document that sets out how your assets will be distributed after your death, ensuring your wishes are respected and your loved ones are cared for. The cost of making a will in BC can range from about $40 for an online DIY option to $450 to $650 through a […]