February 2016 - Garton & Harris

As a British Columbia will executor, how do I probate an estate?

February 22, 2016/in Estate Administration & Probate/by gartonandharris

Being the executor of a will comes with several challenges. Having to probate the estate can increase these challenges, leaving the executor feeling overwhelmed. However, like most everything, there is a method to the madness one may feel when probate is at issue. The best advice is to remain calm, seek help from an experienced lawyer, and tackle each step as it comes.

While not all wills must be probated, those involving more than $25,000 in assets will typically go through probate. To help you approach this process in a logical and methodical way, here are some of the most important tasks you will face in your important role as estate executor.

First, you will have to issue notifications that you are applying for probate by completing the legal form, P1, Notice of Proposed Application in Relation to Estate. Mail copies of this form along with copies of the will to: each beneficiary of the will, each executor or alternate executor, the will-maker’s dependents (spouse, children, etc.) and any person who might have a share in the estate had no will been created.

After you have sent your notifications, you must wait at least 21 days before you can submit your application for probate to the court. You can use this time to complete the necessary probate documents including Submission for Estate Grant, Affidavit of the Applicant, Affidavits of Delivery, Affidavit of Assets and Liabilities, the original or a copy of the signed will and copies of a Certificate of Wills Search. You must also pay the court filing fee.

While this post has addressed the basic steps you must take to probate the deceased’s will, you likely still have numerous questions. The best way to get the answers you need is to contact a lawyer serving the British Columbia province and schedule a consultation. You will appreciate the professional guidance a lawyer can provide during probate.

Source: People’s Law School, “Being an Executor | Probating the Will,” accessed Feb. 22, 2016

On what grounds can I challenge a British Columbia will?

February 17, 2016/in Wills/by gartonandharris

Contesting a will in Canada, including the British Columbia province, is no easy matter. In fact, it is often difficult and frustrating and generally requires legal assistance in order to be successful. If you think about it, it is a good thing that it is not a simple affair. The difficulty means only those who have a legitimate reason to challenge a will proceed with this goal.

Having said that, you should know that it certainly is possible to challenge a loved one’s will. Canadian law makes it possible to challenge a will on several grounds. Some of these legal grounds are:

One of the most common grounds for contesting a will is if the document did not provide for a spouse or children. In British Columbia, these dependents have the legal right to challenge the will when it fails to provide adequate provisions for them.

Another reason a will may be contested is if an interested party believes the testator did not have the required mental capacity to create a will. Typically, this means the party making the will did not have a proper understanding of what they were doing.

Undue influence is another reason a loved one may contest the deceased’s will. Undue influence occurs if the testator was forced or coerced into making his or her will a certain way.

Finally, fraud is another common reason a will may be challenged. When someone believes a will has been forged or otherwise falsified, it is a good reason to proceed with legal action.

Even with these valid reasons to contest a will, you will likely benefit from the help of a lawyer to achieve success. One way to get started is to schedule a consultation with a lawyer who serves residents of British Columbia.

Source: LegalLine.ca, “Contesting or challenging a Will,” accessed Feb. 17, 2016

Remove the guesswork in a medical crisis with a power of attorney

February 11, 2016/in Power of Attorney/by gartonandharris

Over the decades, the medical sciences have made advancements that help people enjoy longer and healthier lives. However, the unthinkable can still happen and you or someone you love could end up on life support or become incapable of making medical decisions. Medical science now offers the means of keeping people alive for an extended time, even when recovery is unlikely. This can put family members who must make decisions about the patient’s life in a difficult spot.

One way to save your loved ones from making the decision of whether to keep you on life support or not is by creating a durable power of attorney for personal care. With this legal document, you can remove the guesswork for your family. A power of attorney is a legal document in which you can put your wishes about health care and life support in writing. In turn, your loved ones will know your wishes should you become incapacitated or placed on life support.

Further, there are times when even a family member cannot make medical decisions for you without a power of attorney or a representation agreement. When this happens, your family will have to seek assistance from the court to make decisions regarding your medical care. This type of power of attorney covers not just life support but other personal care directives should you be unable to communicate your wishes on your own behalf.

It can be difficult to contemplate a medical crisis or an incapacitating medical condition. However, when you think deeper on the matter, you will probably recognize the power this gives you over your life and health. We recommend that all citizens in British Columbia consider a power of attorney to govern their treatment should a crisis occur. Please continue reading on our detailed website.

How an executor can make estate administration much easier

February 2, 2016/in Estate Administration & Probate/by gartonandharris

In March of 2014, the Wills, Estates and Succession Act made estate administration and probate a more simplified process. Now, testators have a modern and easy to understand resource for learning about the laws that govern estates and wills in British Columbia and other Canadian provinces. Ideally, WESA will make estate administration and even probate easier after a testator dies. Another thing that can simplify these procedures is appointing an executor of your estate.

Without an executor or estate administrator, the court will step in to manage your finances and belongings upon your death. The relatively simple act of appointing an executor means that your estate will be managed according to your wishes. This includes making disbursements to your loved ones as well as handling the financial matters left after your death.

An executor performs important duties following your death such as:

— Closing out your charge card accounts

— Collecting any funds owed to you or your estate

— Taking charge of your pensions and insurance policies

— Paying off your debts

— Filing your final tax return

— Distributing your estate to beneficiaries

Appointing an executor can also lessen the stress your heirs may feel upon your death. With someone else in charge of your estate, they are free to grieve without worrying over how to handle your finances and your property.

Making end-of-life preparations can be difficult, but guidance from a lawyer can make the estate planning process easier. The Garton and Harris law firm of Coquitlam, British Columbia, is available to offer you advice about appointing an executor. Please browse our informative website for additional information.

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