What Can Void Gifts in a Will?
Many people assume they can gift from their estate in their will in any way they please. This isn’t always the case. Sometimes, the courts can rule a gift is void and modify a will. The first exception is for…
Children and Inheritance: When’s a Good Age?
For many parents, it's clear that their children will inherit most or all of their estate. However, the best means of giving their children their inheritance is less clear. Some worry that getting a large sum of money too young…
Inheriting Debt: Estates That Can’t Afford All of the Debt
Sometimes, a person’s estate isn't large enough to pay all of the debt they owe to creditors from their lifetime. This is called an insolvent estate. When this happens, loved ones and beneficiaries are often worried that they will be…
Role of a Beneficiary: What Can and Should a Beneficiary Do?
If you’ve recently been named as a beneficiary of a will for the first time in your life, you’re probably wondering what you have to do to receive your inheritance. In some cases, beneficiaries don’t even know that they are…
Estate Litigation: Drafting Lawyer’s Disclosure
Sometimes, a lawyer’s file containing notes and documents written during the testator’s will-writing process can be helpful in resolving litigation. However, lawyers aren’t always able to release this information. Lawyers have a certain degree of confidentiality they must adhere to.…
Probate, or Proof in Solemn Form?
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,…
Moving to a Different Province: Do You Need to Write a New Will?.
Relocating to a new country means adapting to its estate laws. Your old will may not be valid there. It might need significant updates, or even a complete rewrite to ensure its validity in your new home. But, what about…
The Careless Estate: Beneficiaries Suing on Behalf of the Estate
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…
Adoption and Inheritance: What You Need To Know
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…
Drafting a Will: The Basics
Before worrying about technical requirements of a valid will, it’s important that testators understand the basics. Will writing goes well beyond simply distributing assets to different loved ones, and testators should understand this. Some of the most important tasks of…