Category: Estate Law
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Can A Trustee Go To Jail For Stealing From Trust
Yes, a trustee can go to jail for stealing from a trust, as such actions are considered theft or embezzlement under the law. Legal consequences include criminal charges, fines, restitution, and possible imprisonment, in addition to civil liability requiring repayment of the stolen assets. Courts may also remove the trustee and impose additional penalties to […]
What Are Court Appeals
Going to court can be stressful because of the complex documents, arguments, and uncertainty of the outcome. Even if a judgment feels unfair, the legal process doesn’t necessarily end there, as an appeal can be pursued. A court appeal is a formal request for a higher court to review a lower court’s decision to determine […]
Probate Fees Calculator
A probate fee calculator is a tool that helps estimate the fees an executor must pay to the court when administering a deceased person’s estate. In British Columbia, probate is the legal process by which the court validates a will and authorizes the executor to manage and distribute the estate. Using a probate fees calculator […]
| Estate Law, Wills
How to Make a Will in British Columbia?
To make a valid will in BC you must be at least 16 and mentally capable, put your wishes in writing, name an executor, and sign the will in front of two adult witnesses who also sign it. These formalities come from section 37 of the Wills, Estates and Succession Act (WESA), and a will […]
What Is a Constructive Trust?
Quick answer: A constructive trust is a remedy a court imposes to fix an unfair result, not a trust anyone deliberately creates. It most often arises to reverse unjust enrichment — where one person has been enriched at another’s expense with no legal reason for it. When money damages are not an adequate remedy and […]
Can a Notary Probate a Will in BC?
Probate in British Columbia is the legal process of confirming a will’s validity and giving the executor authority to manage and distribute the deceased’s estate. No, a notary cannot probate a will in British Columbia, because the process must be filed through the Supreme Court. While many people turn to notaries for help with wills […]
| Estate Law, Wills
Power of Attorney Versus Executor of Will
In British Columbia, a power of attorney manages your financial and legal affairs while you are alive, while an executor manages your estate after you die. An enduring power of attorney can continue if you become incapable, but the authority of an attorney ends when you die, at which point the executor named in your […]
How Long Do You Have To Contest a Will in BC?
In BC, you generally have 180 days from the date the representation grant is issued to bring a wills variation claim. This applies if you are a spouse or child who was disinherited or believes the will does not make adequate provision for you. If you are challenging the validity of the will itself, different […]
| Costs, Estate Law
How Much Does It Cost to Contest a Will in Canada?
Contesting a will means challenging its validity in court. Maybe you’ve been left out entirely. Maybe what you were promised doesn’t match what ended up in the document. Or maybe you believe the person who made the will wasn’t thinking clearly or was pressured by someone else. Whatever the reason, deciding to contest a will […]
How Long Does Probate Take in BC?
Probate in BC usually takes several months from start to finish, though the timeline swings depending on the estate and whether complications come up. Simple estates move faster. Complex ones, or estates where somebody disputes something, can stretch out considerably. A probate lawyer helps executors work through it efficiently and sidestep the delays that catch […]