Category: Wills
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Why Do Wills Go to Probate in Canada?
Quick answer: A will goes to probate so a court can confirm it is the deceased’s valid last will and formally recognize the executor’s authority to act. Probate gives third parties — banks, the Land Title Office, investment firms — the assurance they need before releasing assets or transferring property into the estate’s or beneficiaries’ […]
If You’re Named in a Will, Do You Get a Copy? Your Rights in BC
Quick answer: There is no formal reading of the will in British Columbia. As part of applying for probate, the executor must send written notice to everyone named in the will and to anyone who would inherit under BC’s intestacy rules. Beneficiaries are entitled to a copy of the will and to know what they […]
| Estate Law, WESA s.60, Wills
How Long Does It Take to Receive an Inheritance in Canada?
Short answer: Most straightforward BC estates take about a year to pay out. Probate alone can run a few months, and the executor generally has a year — the “executor’s year” — to gather assets, settle debts and taxes, and distribute. There’s also a 210-day rule: executors usually wait 210 days from the grant of […]
Dying Without a Will in BC
Short answer: When someone dies without a will in BC, the Wills, Estates and Succession Act decides who inherits, not the family. A spouse, including a common-law partner of at least two years, takes the first $300,000 (or $150,000 if the children aren’t also theirs), then splits the rest with the children. The court appoints […]
| Estate Law, Wills
How to Make a Will in British Columbia?
To make a valid will in BC you must be at least 16 and mentally capable, put your wishes in writing, name an executor, and sign the will in front of two adult witnesses who also sign it. These formalities come from section 37 of the Wills, Estates and Succession Act (WESA), and a will […]
| Wills
What Happens to a Person’s Assets When They Die Without a Will?
The death of a loved one brings many emotions that can be difficult to bear. Adding to the difficulty is that there is much to be done after a person’s death. Searching for their will, making funeral arrangements, and trying to determine what to do next can feel overwhelming when you’re grieving. What if the […]
| Estate Law, Wills
Power of Attorney Versus Executor of Will
In British Columbia, a power of attorney manages your financial and legal affairs while you are alive, while an executor manages your estate after you die. An enduring power of attorney can continue if you become incapable, but the authority of an attorney ends when you die, at which point the executor named in your […]
| Wills
Reasons to Contest a Will in BC
You may have reasons to contest a will in BC if you believe it does not reflect your loved one’s true wishes or contains legal errors. The court has the authority to declare a will invalid, change its terms if it unfairly excludes you, or interpret ambiguous or incorrect provisions. It’s crucial to understand the […]
Can Someone Contest a Will if They Are Not in It?
If you were left out of a loved one’s will, you may wonder whether you have any legal options. In British Columbia, certain people can contest a will even if they are not named in it. Whether you can challenge the will depends on your relationship to the deceased and the circumstances surrounding the will. […]
Evidence Needed to Contest a Will in BC
Disputing a will can be a difficult and extremely emotional process. Nevertheless, will challenges happen quite frequently in British Columbia. In some situations, it’s the only way to seek justice and ensure that final wishes are honored. To successfully contest a will in BC, you’ll need to prove that there are valid grounds for contesting […]