In estate law, gifts and the context under which they were given is one of the most common issue that families litigate over. There are many different types of gifts a testator can give, each with specific requirements to be…
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…
It is a surprisingly common misconception that if you don't write a will, the government will inherit your estate. The government rarely inherits an estate, and this only happens when there are absolutely no available beneficiaries or relatives of the…
An estate executor must act in the best interests of the beneficiaries as part of their responsibilities. Executors have a fiduciary duty to act in the best interest of beneficiaries, regardless of their personal relationship. Sometimes, the executor and beneficiaries…
To write a valid will in BC, the writer must have testamentary capacity at the time of writing the will. As described in the Wills, Estates and Succession Act, someone with testamentary capacity is defined as a “person who is…
Relocating to a new country means adapting to its estate laws. Your old will may not be valid there. It might need significant updates, or even a complete rewrite to ensure its validity in your new home. But, what about…
Executors have several responsibilities when administering an estate. This includes accounting for all assets, debts, and money exchanges coming into and out of the estate. When the executor is ready to distribute to beneficiaries, they are typically required to provide…
For people who are unfairly disinherited, BC has some of the most sympathetic laws in all of Canada. However, parents can disinherit their children from their will if they have valid and rational reasons. Many provinces allow will-writers to completely…
