Dying without a Will (Intestate): Who Acts as Executor?
Dying intestate the courts will determine how the estate is to be distributed and who will be responsible for administrating the estate (acting as executor).
How are Company Shares Handled in BC Estate Law?
Upon an individual's death, estate administration commences, and the executor undertakes the task of distributing assets to beneficiaries as per the deceased's will. When the deceased has an interest in a private corporation, handling shares differs from managing simpler assets…
Stepchildren Challenging a Will: Estoppel if Your Biological Parent Gifts Their Estate to Your Stepparent
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. The Courts have the authority…
Posthumous Births: Are Children Born after Their Parent’s Death Entitled to the Estate?
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…
Solicitor’s Negligence: Suing the Will-Drafting Lawyer
Sometimes, due to the drafting lawyer’s negligence, a will may not reflect the testator’s requests, unbeknownst to them. Perhaps the lawyer failed to carefully review the directions given to them by the testator, or improperly applied the law, making an…
An Executor’s Job: What an Executor of a Will Should Expect
Before naming someone as executor in a will, the will-writer usually asks the person if they’re comfortable with the responsibility. Often, without fully understanding the legal duties and obligations associated with being an executor, the person accepts. However, executors often…
Probate vs. Letter of Administration: What’s the Difference?
When someone dies, it often leaves their loved ones wondering about how they should start administering the estate. If the deceased leaves a will, the courts need to verify its validity. If the deceased didn’t write a will, the courts…
Stepchildren Challenging a Will: Assets in Joint Tenancy Held in Resulting Trust
In BC, courts can rule a will unfair and have it revised - or varied - if it doesn't make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. This ensures that spouses and children…
Are Executors Entitled to Compensation?
Estate executors may have extensive and time-consuming responsibilities to fulfill, and, in most cases, they receive compensation for their efforts through executor’s fees. Sometimes, the person who writes the will specifies how to compensate the executor, but some wills make…
Benefits of Gifting your Estate Assets Before Death
People often hold onto their assets until death, giving them to loved ones, friends, and charities through a will. Though will writers commonly retain possession of their assets until passing, they should consider gifting cash or other assets before death.…