Unsigned Will Found Valid by BC Courts
In British Columbia, there are three main requirements that must be met for a will to be considered legally valid. It must be in writing, be signed at the end by its writer, and this signature must be made in…
Executors Fees: What Beneficiaries Should Know
It is settled law in British Columbia that estate executors are entitled to remuneration for their work in administering an estate or executors fees. In fact, this was restated by the Supreme Court of Canada in Cowper-Smith v Morgan, a…
Benefits of Having a Will: Why writing a Will is Worthwhile
Will-writing, estate planning, estate administration, probate, trust funds, inheritances – the list of things for will-writers to consider goes on and on. People are often deterred from starting their estate plan because they have no idea where to start and…
Trustee Removal in British Columbia
Sometimes trustees can't fulfill their obligations and resign, other times misconduct merits their removal from administering a trust. This article explains the reasons for trustee removal and some of the process involved in BC.
Holograph Wills: A Will With No Witnesses Being Valid
In BC, there are strict rules that govern when a will can be deemed a valid will: it must be (1) in writing, (2) signed and (3) witnessed by two or more people. In some cases, invalid documents can be…
Administration Bonds: Security for Beneficiaries
As part of an estate executor’s responsibilities, they must act in the best interests of the beneficiaries so that they receive the largest possible inheritance they’re entitled to. Executors have a fiduciary duty to act to the best of their…
Intestacy: Who Makes the Funeral Arrangements?
When a loved one passes away unexpectedly, family and friends may be left with no idea who responsible for planning the funeral, or how the deceased would have wanted it to be arranged. As a general rule of thumb, the…
Representatives: Planning for Incapacity in the Future
Unfortunately, it’s common that at some point in your life you will require someone else to make decisions on your behalf – whether those decisions are financial, legal or health related. Before an illness or injury renders you incapable, you…
Invalid Wills: When a Simple Note Can Become a Valid Will
A BC woman found dead without any legal will written in her name left a hand-written note in her car explaining her final wishes for how she wanted her estate to be distributed. The question before the courts was whether…
Inter Vivos Gifts: An Estate Planning Tool
When reading about gift-giving in the context of estate law, you’ve probably come across the term inter vivos several times. An inter vivos gift is property that was transferred while the gift-giver was living. The opposite of an inter vivos…