6 Tips for Estate Executors to Make Estate Administration Smoother
Estate administration can be challenging for named executors, these tips can help ensure that the process goes more smoothly.
Maximizing Estate Value Using Trusts
People often have a particular conception of what their will is going to include before they go to a lawyer to create one. Some people expect the estate planning process to be overwhelming, but most often people underestimate how complex…
When are Beneficiaries Entitled to Receive Interest? The Rule of Convenience
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…
Choosing an Executor: Should You Appoint a Professional?
In some circumstances choosing a professional to be an executor makes the most sense. This can be because the estate is complex, because of family politics, or because there simply isn't anybody suitable available to take on the role.
When does the Government Inherit an Estate (the estate escheats)?
We often hear from clients that are worried that a loved one’s estate is going to fall entirely in the government’s hands because the person hasn’t written a will yet. It should be known that it is extremely rare for…
Removal of a Badly Behaving Executor in BC
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…
Estate Beneficiary Rights: Forcing the Executor to Act
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…
What is a Fiduciary?
Fiduciaries have obligations to beneficiaries and a breach of those obligations can result in being held responsible for the losses incurred. A breach may also result in the fiduciary being removed as a trustee or executor.
Executor’s Fees: What You Should Know
It is settled law in British Columbia that estate executors are entitled to remuneration for their work in administering an estate. In fact, this was restated by the Supreme Court of Canada in Cowper-Smith v Morgan, a case argued and…
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…