Probating a will and proving a will in solemn form are two different legal concepts which can be easily confused. Probating a will, known as proving a will in common form, proves your will is real and properly prepared. Conversely,…
Executors have several responsibilities when administering an estate. This includes accounting for all assets, debts, and money exchanges coming into and out of the estate. When the executor is ready to distribute to beneficiaries, they are typically required to provide…
While BC has relatively generous estate laws for children who have been unfairly disinherited, estate planning or litigation can become complicated for families who have either adopted children or given children up for adoption. When there are no valid reasons…
Unfortunately, elderly parents and grandparents can be easy targets for financial abuse as people try to take advantage of their elder’s mental state. Especially with estate-related matters, family and friends have been found to unduly influence the elderly, tricking them…
The executor of an estate has several responsibilities. These include accounting for all assets, debts, and funds entering or leaving the estate. When the executor is ready to distribute the estate to the beneficiaries, they are required under BC’s Trustee…
To challenge a will, interested parties can issue a notice of dispute to the courts to pause the estate administration. For the majority of will challenges, the notice of dispute must be issued before the will has been granted probate.…
Family caregivers often spend many hours and great effort caring for elderly relatives, sometimes without pay or compensation. Many caregivers sacrifice paid work and career opportunities to provide care. Unjust enrichment claims can offer legal remedies for those in this…
After a testator has finished writing their will, they may want to make a modification at a later date. There are specific procedures that will-writers must follow for any revision in a will to be legally valid. While it can…
In BC, courts can rule a will unfair and vary it if it doesn't make adequate provision for the proper maintenance and support of the will-maker’s spouse or children. This ensures that individuals can't disinherit spouses and children without sufficient…
Beneficiaries, spouses and children have the right to receive a copy of a testator's will, regardless of the executor's opinion. When executors refuse to provide a copy of the will, beneficiaries can issue a subpoena. According to part 25 of…
