Typically, before naming someone as executor in a will, the will-writer (or testator) asks the person if they’re comfortable with being their executor. Often, without fully understanding the legal duties and obligations associated with being an executor, the person accepts.…
When people are involved in small-scale estate litigation cases, they commonly wonder whether they can represent themselves in order to save money in legal costs. In short, the answer is yes; people are allowed to self-represent themselves in BC; however,…
In BC, courts can rule a will unfair and have it revised - or varied - if it doesn't make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. This law ensures that spouses and…
A common inheritance scam in Canada involves an individual contacting a person, often by phone or email, claiming to be the executor for the estate of a 'long lost relative' who the person has never met. They tell the person…
As part of proactive estate planning, it is often a good idea to appoint a power of attorney (POA). A POA is someone authorized to make financial and legal decisions on your behalf. The primary purpose of having a POA…
As part of the estate planning process, it’s common for people to give gifts through trust accounts to specify terms for when and how funds and gifts can be distributed. Further, trusts can be created as purpose trust accounts where…
Executors and beneficiaries are often aware of the executor’s year – a common law principle stating that an executor has a year from the testator’s death to finish administering the estate and distribute its assets. During the executor’s year, beneficiaries…
Trust accounts are a common and useful estate planning tool – accounts where a third party holds an asset for the specific use of a beneficiary. Typically, the beneficiary is only able to withdraw funds (or other property) from the…
As a beneficiary of a will, it can be frustrating to sit helplessly waiting while the will’s executor fails to administer the estate as expected. Unfortunately, executors sometimes cause intentional delays, are incompetent in their administration, or even abuse their…
The executor of a will has a handful of responsibilities when administering an estate – including accounting for all estate assets, debts, and money exchanges coming into and out of the estate. When the executor is finished the administration process…
