Category: Wills
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Who Can Witness a Will in BC?
Having a Last Will and Testament means having a say in what happens to your estate after your death. It’s one of the most important documents you’ll ever make, so if you are going to make one, you would want to do it right. In British Columbia, wills must meet certain legal requirements, including proper […]
How Long Do You Have To Contest a Will in BC?
You may want to contest a will if you have been disinherited, did not receive a fair share in comparison to your siblings, or if you suspect the will does not represent the true wishes of the deceased person. Generally, the time you have to contest a will in BC is 180 days from the […]
What Is an Affidavit of Execution of Will?
Quick answer: An affidavit of execution is a sworn statement by one of the witnesses to a will, confirming that the will was signed and witnessed the way the law requires. It provides proof, later relied on in the probate application, that the will-maker signed the document in front of two witnesses who were present […]
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Who Can Contest a Will in Canada?
In Canada, only certain individuals have the legal right to challenge a will. Typically, this includes spouses, children (biological and adopted, but not stepchildren), beneficiaries named in the will, beneficiaries from a previous will, and individuals who would inherit under intestacy laws if the will were deemed invalid. The ability to contest a will depends […]
Wills, Estates, and Succession Act BC
Quick answer: The Wills, Estates and Succession Act (WESA) is British Columbia’s main law governing wills, estates, and what happens when someone dies. In force since March 31, 2014, it replaced and consolidated several older statutes, including the Wills Act, the Estate Administration Act, and the Wills Variation Act. WESA sets out how to make […]
Wills Variation BC
In British Columbia, section 60 of the Wills, Estates and Succession Act lets a spouse or child ask the court to vary a will that fails to make adequate provision for them. A will-maker’s freedom to disinherit close family is limited, and any reasons given for disinheriting a spouse or child must be both valid […]
| Estate Law, Wills
What Is a Living Will | BC
Quick answer: In British Columbia, “living will” is a common label rather than an official legal term. The tools that actually do the job are the advance directive and the representation agreement. An advance directive, made under the Health Care (Consent) and Care Facility (Admission) Act, records your instructions accepting or refusing specific health care […]
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Estate Planning Checklist in BC
A BC estate plan usually needs four core documents: a will, an enduring power of attorney for your finances, a representation agreement for health and personal-care decisions, and up-to-date beneficiary designations. These are governed by the Wills, Estates and Succession Act, the Power of Attorney Act, and the Representation Agreement Act, and without a will […]
Challenge a Will in BC
A Last Will and Testament is made so that the instructions and wishes of the will-maker are followed after their death. What happens when surviving family members or other beneficiaries dispute the will or question whether the will is legally valid? A will can be challenged after the will-maker has died—but legal action is only […]
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What Kind of Lawyer Does Wills?
According to recent data, half of Canadians say they don’t have a will. Reasons people gave for not having a will included “I’m too young to need one,” “It’s too time-consuming to make a will,” and “I don’t have enough assets to make the process worthwhile.” Concern about cost was also cited as a factor. […]