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How Are Probate Fees Calculated?
How Are Probate Fees Calculated in BC? As an executor (or estate trustee) of a British Columbia estate, one of the largest costs that will be encountered are the fees associated with probate. When someone passes away, the executor or administrator of the estate often must apply for probate before the deceased person’s estate can […]
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Canada Inheritance Tax for Non-Residents
Quick answer: Canada has no inheritance tax, so a non-resident beneficiary pays nothing simply for receiving a gift from a Canadian estate. The tax falls on the estate instead: the CRA treats the deceased’s assets as sold at death, and the estate settles any capital gains before distribution. A non-resident who inherits Canadian real estate […]
What Is an Affidavit of Execution of Will?
Quick answer: An affidavit of execution is a sworn statement by one of the witnesses to a will, confirming that the will was signed and witnessed the way the law requires. It provides proof, later relied on in the probate application, that the will-maker signed the document in front of two witnesses who were present […]
What Assets Are Not Subject To Probate In BC?
The issue of probate can be confusing. When you are preparing your will or thinking about your getting your estate plan in place, you will almost certainly have questions surrounding BC probate. Will a probate application be needed? How much are BC probate fees? Are there steps you can take to reduce probate fees or […]
Trustee Act BC
You’ve likely heard of someone “acting as a trustee.” You may have been asked to act as trustee for a friend or loved one. You may be considering creating a trust and thinking about who to appoint as trustee to manage your property. Or you may be the beneficiary of a trust and unsure of […]
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Use Presumptions to Your Advantage or Lose
How Can You Use Presumptions to Your Advantage? By Candace Cho, Onyx Law Group, with the assistance of Joty Sandhu, Articled Student When commencing an estate litigation action, Plaintiffs’ counsel must be careful to leverage every possible legal advantage in their clients’ favour because it is always an uphill battle. Representing the disinherited is fraught […]
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A Power of Attorney Must Act in Good Faith
Quick answer: An attorney under a power of attorney in British Columbia is a fiduciary. Section 19 of the Power of Attorney Act requires them to act honestly and in good faith, to use the care and skill of a reasonably prudent person, to stay within their authority, to keep the adult’s property separate from […]