As an executor, there are many potential legal disputes or claims that may arise. One common challenge lies in disputes concerning the validity of the Will, where allegations of undue influence or lack of mental capacity can lead to litigation. Other issues with the Will can include problems with formalities, as well as unclear provisions […]
Probate is the proof of the deceased’s Will. In granting probate, the BC Supreme Court will certify that a document proffered as the deceased’s last Will is what it is purported to be. A grant of probate will become necessary if the validity of the Will is called into question. If a grant of probate […]
One of the duties of the executor is to pay any debts and liabilities of the estate, which includes paying taxes. As executor, you have a duty to pay all legitimate debts of the estate before making a distribution to beneficiaries. According to section 142(2) of the British Columbia Wills Estates and Succession Act (“WESA”) […]
The executor must follow the instructions in the Will and distribute the assets accordingly. The British Columbia Wills, Estates and Succession Act imposes a 210-day waiting period during which an executor must not distribute the estate without the beneficiaries’ consent or a court order. This waiting period is to allow beneficiaries who may have a […]
The deceased’s Will is often the primary source of information about beneficiaries. Personal records such as address books and digital contacts offer potential leads, as well as online searches and social media platforms. Financial institutions can also provide clues, as beneficiaries are often linked to accounts and investments. Furthermore, the beneficiaries’ family and friends may […]
Locating and accessing the deceased person’s assets starts with gathering documents such as the Will and financial records. Sometimes, all of these assets and where they can be found will be listed in the Will. However, many Wills simply reveal how the value of the estate will be divided, or only list a few selected […]
An executor is a person named in a Will to deal with the Will-maker’s estate after they die. They must gather up the estate assets, pay the debts of the deceased, and divide what remains of the deceased’s estate among the beneficiaries. As an executor, your duties are multifaceted. The executor of a Will has […]
In British Columbia, a common question is accessibility to a company’s list of shareholders (actually called the “central securities register”). This article will explore who can request this information and the necessary steps to obtain it. Accessing Shareholder Information: Who Can Request? The first question that arises is: who has the right to request a […]
What do you do if you have made a Will, but you have changed your mind and you want to revoke it? You have a few options to revoke a valid Will. You may choose to make a new valid Will that contains a clause that revokes all previous Wills. You also may burn the […]
Section 38 of the British Columbia Power of Attorney Act provides that a POA “made in a jurisdiction outside British Columbia” may be deemed to be an enduring power of attorney if it meets certain requirements set out in Regulations, s. 4. In order for a legal document that was made in a jurisdiction other […]