In British Columbia a will that is not in writing and is not witnessed by two people may not be accepted as valid. The requirement to have the will in writing increases the odds of determining the identity of the person who created the will. Knowing who wrote the will makes it easier to determine […]
Personal representatives may be discharged from an estate either through their own application for discharge or by the application of another party. There are several reasons why a personal representative may need to be removed. Courts may grant a party’s motion to remove a personal representative if it appears the representative is unable to manage […]
If an individual living in British Columbia has been named in a will as a beneficiary but is unable to be located, there are several steps that must be taken. First, the personal representative of the individual who wrote the will must spend 12 months attempting to locate the beneficiary. If the personal representative is […]
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 […]
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 […]
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 […]
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 […]
Individuals who are planning their estates in British Columbia may want to be aware of what items may and may not be adeemed after their death. Generally, when a piece of property that is to be gifted to a beneficiary is disposed of or is removed from the will-maker’s possession, whether voluntarily or not, the […]
Individuals in British Columbia who are working on their estate plan may wonder whether the location of the estate executor has any impact on their estate. After a person’s death, the residency of their estate will be the same as the residency of the estate executor. The executor’s location, therefore, can have a major impact […]
Under certain circumstances, the need for using an enduring power of attorney may arise. The process may not be as complicated as some British Columbia residents may think. In fact, just about anyone qualifies for the role including a relative or a friend who is at least 19 years old and who is trustworthy, willing […]
Married, divorced or soon-to-be-married British Columbia residents beginning to undertake their estate planning might be wondering how the province’s Wills, Estates and Succession Act defines a “spouse” for the sake of estate planning. As it turns out, in keeping with similar B.C. statutes addressing spousal relationships, a person may be granted spouse status without necessarily […]
A simple will is the foundation of many individual estate plans in British Columbia, and a number of people rely on wills to ensure that their last wishes are honoured and that their property is distributed properly on death. Often, though, people must update or alter their wills to reflect changes in attitude or life […]