Category: Wills
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How Do Wills Work in Canada?
Most Canadians know they should have a will, but many don’t. Some people want to avoid the topic altogether, while others hesitate because they feel confused about how wills work and what they do. A Last Will and Testament is one of the most important documents you’ll ever make. With the right knowledge and legal […]
Can an Ex-Wife Contest a Will in BC?
Separation and divorce can unsettle so many areas of life, including a person’s estate plan. While an ex-wife or ex-husband may be able to contest a will in BC, questions and issues arise such as whether an ex-spouse can inherit under an old will that pre-dates the separation, if an ex-spouse can challenge the existing […]
Who Can Contest a Will in British Columbia?
A clear estate plan can ensure the smooth transfer of assets, minimize estate taxes, and provide significant peace of mind. Proper estate planning can also help avoid disputes among surviving family members. Will challenges happen when plans go awry (or aren’t made in the first place). Contesting a will can be a difficult and emotional […]
| Family Law, Wills
What Is a Child Entitled to When a Parent Dies Without a Will?
Quick answer: When a parent dies without a will in BC, their child’s entitlement depends on whether a surviving spouse exists and whether that spouse is also the child’s parent. Under the Wills, Estates and Succession Act, if there is a spouse and children, the spouse takes the household furnishings and a preferential share — […]
| Family Law, Wills
Can Siblings Sue Over Inheritance in British Columbia?
After your parent passes, the last thing you want to face is inheritance disputes among family members. But such disputes are quite common. A brother or sister feels they didn’t get their rightful inheritance from their parent’s estate. Siblings feel cheated because most or all of their parent’s estate was left to someone else, such […]
Can a Will Be Changed Without the Executor Knowing?
Disclaimer: The contents of this blog are provided for information purposes only and do not constitute legal advice. While you don’t necessarily have to inform your executor of any potential changes to your will, it is not recommended. Wills are fundamental tools in estate planning that allow you to maintain control over your legacy. A […]
| Estate Law, Wills
Pour Over Clause
Pour over clauses are provisions in a will that specifies that any assets not specifically mentioned in the will are to be put ( “poured over”) into a trust upon the testator’s death. These pour over clauses ensure that any surplus assets are managed and distributed according to the terms of the trust. It also […]
DIY Will British Columbia
DIY has become increasingly popular by the day. People now try to do things themselves, and creating a will is no exception. In British Columbia, residents have the option of creating their wills independently. However, you need to understand what goes on in this process. This way, you can ensure the will is legally binding […]
| Wills
RRSP Beneficiary Rules Canada
One of the primary tools for retirement savings in Canada is the Registered Retirement Savings Plan (RRSP). It encourages saving for post-retirement and offers tax benefits to enhance these savings. With the concept of RRSP, people can save for their retirement on a tax-deferred basis. It means contributions to an RRSP reduces taxable income and […]
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 […]