November 2014 - Garton & Harris

Legal representation for estate administration

November 21, 2014/in Estate Administration & Probate/by gartonandharris

When an individual is named the administrator of a deceased person’s estate in British Columbia, the job may overwhelm them. Oftentimes, the administrator of the estate was a close friend or relative of the deceased person, and they are going through a grieving process. If the administrator has little experience dealing with financial matters, this can make the job even more difficult.

If you have been named the administrator of an estate, our lawyers at Garton & Harris may be able to help you. With over 30 years of experience, we are prepared to assist you in the completion of all of your administrative duties as quickly and efficiently as possible. In addition to the convenience aspect, working with an estate administration lawyer has the added benefit of ensuring that you are protected from any allegations of unethical handling of the estate.

When a person dies without a will, a court must approve an estate administrator. If the person dies with a will, the executor who was named in the will files for probate. After the first steps are completed, the administrator or executor is responsible for a number of different duties including the proper distribution of assets, payment of any debts and arranging the deceased person’s funeral.

During estate administration, several things can happen that may complicate the job. If assets are difficult to locate or contacting heirs proves challenging, an administrator may not know how to proceed. At Garton & Harris, we can help you to take care of all of your administrative duties correctly. To learn more about this subject, visit our page on probate and estate administration services.

Source: Garton & Harris, “Probate Lawyers“, November 20, 2014

The purpose of a protective trust

November 11, 2014/in Wills/by gartonandharris

Parents in British Columbia may want to make sure that their children will be cared for if something happens to them. Wills provide individuals a way to provide for dependents. If a person dies without a will, his or her estate will be distributed according to provincial law. An additional way to provide for minor children or a spouse is through a protective trust. These kinds of trusts are created to provide a beneficiary with an income.

For example, a protective trust could provide income to pay for children’s needs. The capital in the trust may not be distributed until the children reach the age specified in the document. Such a trust can also be used to provide income for a spouse or an adult who is not able to manage his or her own personal affairs. If a trust is established, it will need to be administered by a trustee. The person who creates the trust can designate a trusted relative, professional or friend to serve as the trustee.

An estate planning lawyer can evaluate a person’s assets along with their concerns and wishes for their children. No two families are alike so each estate plan will be unique. The first step may be to list all assets, including real estate, retirement accounts, savings, and personal items such as jewelry.

Once all assets have been accounted for, each one, or a portion of each can be designated for a particular beneficiary. Then, a protective trust can be set up to provide for minor children until they reach a specified age.

Source: Canadian Red Cross, “Will Planning Guide“, November 09, 2014

Is a will valid in B.C. if it was created elsewhere?

November 7, 2014/in Wills/by gartonandharris

Those who want to protect their loved ones in the future often rely on wills and similar documents. According to British Columbia law, however, a will doesn’t have to be created inside the province in order to retain its legal validity. Probate courts approach these special documents on a case-by-case basis to determine how they should be handled.

British Columbia’s Wills, Estates and Succession Act addresses the fact that laws may conflict from one jurisdiction to another. In instances where the application of a law during the execution of a will would violate British Columbia law, B.C. law trumps the conflict-of-laws rules from the other location. As such, British Columbia law will likely dictate how the will is executed.

For wills from other places to be valid in British Columbia, they have to retain their validity somewhere else. For instance, a will that violates the laws of the nation it was originally drafted in might be inadmissible to probate here. Those who were citizens of other nations at the time of their death or when the will was written may find that probate courts respect the laws of their home countries. The main validity requirement for most wills is that they are properly witnessed and adhere to common procedural formalities.

Administering an estate following a death can be a trying experience from an emotional standpoint, and probate confusion can make it even harder. Because the law allows for the validity of many different classes of wills, it becomes important to have a good understanding of the specific probate legislation that applies in any given instance. Some inheritors and trust beneficiaries find it helpful to seek legal clarification prior to transferring properties.

Source: bclaws.ca, “Wills, Estates and Succession Act“, November 02, 2014

Enduring power of attorny for estate planning

November 3, 2014/in Power of Attorney/by gartonandharris

Individuals in British Columbia who are in the midst of estate planning should keep in mind that doing so is about more than just making a will or even setting up a trust. Estate planning also involves an individual’s preparation for a future in which they may not be able to make legal, financial and medical decisions. Appointing someone to handle these types of decisions may involve arranging for someone to have enduring power of attorney.

Enduring power of attorney differs from power of attorney. Power of attorney ends when a person becomes mentally incapacitated, so for situations that specifically address an individual’s lack of capacity to handle their affairs, enduring power of attorney is necessary.

Specific rules govern ending or changing enduring power of attorney. Written notice to the individual appointed is necessary as well as notice to any financial institutions at which the individual used that enduring power of attorney. Furthermore, enduring power of attorney automatically ends if the attorney is convicted of certain offenses, is a corporation that is dissolved, is a spouse and the marriage ends, or goes bankrupt. Signing a new enduring power of attorney requires adult witnesses that are not close relations, employees or agents of the new attorney.

Individuals who are planning their estate may wish to work with a lawyer to ensure that they have completed documents correctly and considered all aspects of the planning. For example, a lawyer may be able to suggest guidelines for choosing the right person for enduring power of attorney as well as assisting individuals in putting together medical directives and other documents necessary. This helps to ensure that an individual’s wishes will be carried out in the case of incapacity or death.

Source: The Canadian Bar Association British Columbia Branch, ” Power of Attorney and Representation Agreements “, July 01, 2012

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