Probate: Getting a Grant of Probate for an Estate
Getting a Grant of Probate is necessary in BC for estates with a value over $25,000 (CAD).
What is a Testamentary Contract?
A testamentary contract allows a will writer to leave their estate to another person in exchange for something. Usually, this comes in the form of services, like end of life care for the will writer. A testamentary contract is a…
Inheriting a Mortgaged Property in British Columbia
Inheriting a property can be a bittersweet experience, filled with emotions and legal complexities. One such complexity arises when the inherited property has an active mortgage. This situation can lead to a host of questions: What are your responsibilities as…
Estate Litigation- Who Pays the Legal Costs?
Estate litigation can be a complex and expensive process. Understanding the legal costs involved is crucial for both executors and beneficiaries facing litigation or those considering raising a claim. In this article, we'll take a look at how B.C. Courts…
Can Estranged Children Contest A Will?
In the 2010 case of LeVierge v. Whieldon, the BC Supreme Court examined the rights of a parent to exclude estranged children from their will under the Wills, Estates, and Succession Act (WESA). In this article, we’ll summarize the rights…
Incorporating Your Small Business In British Columbia
Incorporating your small business in British Columbia can provide numerous benefits, including limited liability protection, tax benefits, access to government grants, enhanced credibility, and flexibility in ownership and management structure. In this article, we will discuss the advantages of incorporating…
Equally Divided Will Found Unfair By B.C. Supreme Court
Unfair provisions in a will can be changed under the Wills, Estate and Succession Act (WESA) in British Columbia. However, the recent B.C Supreme Court case of Rawlins v. Rawlins (2023) demonstrated that even a will divided into equal shares…
British Columbia Strata Property Act: How am I Impacted?
B.C.’s new Housing Supply Act introduces measures to support specific communities in increasing their housing supply in response to the ongoing housing and rental crisis. The Act will impact buyers and renters, real estate agents and developers and those considering…
Estate Planning: Trustees and Beneficiaries
We’ve recently come across the following question on a Canadian personal finance group: “Is there someone that could chat with me about naming a minor beneficiary (under age) with a trustee, vs naming the person I would use as a…
What are the consequences to Executors for breaching trust?
Executors have a duty to act in the best interests of the estate and its beneficiaries. Occasionally, executors act in breach of this trust, often accidentally. However, there are ways in which courts can impose penalties for executors breaching trust.…