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…
With the world quickly becoming more and more digital, people are constantly looking for new ways to go paperless. For many documents and papers, it’s easy and safe to keep a copy on your computer, phone, or in 'the cloud'.…
As part of writing a valid will in BC, the will-writer must have the testamentary capacity at the time of writing the will. As described in the Wills, Estates and Succession Act, someone with testamentary capacity is vaguely defined as…
It's very common for parents to be concerned about how their children will use their inheritances and many worry about assets falling outside of the family - often as a result of subsequent divorce or separation of the child. For…
It’s common for people to desire a sense of privacy and confidentiality when they prepare their last will and testament. For some, the risk that loved ones might be insulted or angered by the inheritances you chose to gift them…
Sometimes, will writers are aware that a gift in their will is going to cause conflict between loved ones and could lead to litigation after their passing. In an attempt to prevent legal action from being taken, will writers can…
Sometimes, children are unpleasantly surprised to learn that one of their siblings is receiving a larger inheritance from their parents than they are, even though they shared a similar relationship with their parent. Feeling like they've been treated unfairly, they…
In BC, most will-writers should expect to have their will go through the probate process, where the courts verify that the will is real and legally valid. When a will goes through probate, the estate is to pay approximately 1.4%…
When a married couple gets a divorce, the spouses sometimes forget to change their will to reflect this major life change – to remove the ex-spouse from their will. When this happens, the divorced spouse can be left receiving a…
The job of an executor is no easy task; it can include a number of different responsibilities as the executor prepares the estate for distribution to its beneficiaries. Many executors agree to take on the role without fully understanding the…
