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.…
When first setting out to write a will, many people have no idea where to start. It’s very common for a first-time will writer to underestimate the complexity of their estate, especially if they hope to maximize the value of…
It’s not uncommon for a will-writer to want to make a modification to an outdated will that they’ve written years ago. Often times, will-writers only want to make small changes to their will – maybe changing a single sentence in…
While there are various different legal remedies available to ensure that estates are distributed as intended by the testator and people are not invalidly disinherited, there are deadlines that claimants must adhere to in order to start an estate litigation…
In BC, courts can rule a will unfair and have it revised - or varied - if it does not make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. This ensures that spouses and…
The family vacation home is a place where some of us have our fondest memories – bathing in the hot summer sun, playing outdoor games with friends and family, or barbecuing burgers. It’s no question that a vacation home can…
Sadly, children are sometimes born after one of their parents passes away – a posthumous birth or after-born child. In other cases, babies can be conceived well after one of their parents has passed away because of current and advancing…
Sometimes, unknowingly to a testator, a will may not have been drafted as they requested due to negligence on the part of the drafting lawyer. Sometimes, the lawyer fails to carefully review the directions given to them by the testator,…
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.…
