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Generally, the task of an executor begins following an unfortunate loss. This may be a very difficult time for that person, and his or her only wish is likely to see the job of estate
The executor of an estate in British Columbia has many responsibilities, all of them important. One of the key early steps in estate administration involves identifying and settling the debts of the estate. How this
The executor of an estate has numerous duties, though many people may assume it is just a matter of probating the will and distributing the assets. While those are the two main tasks of estate
For many British Columbia estates, the asset with the greatest value is the testator’s home. If there were no other occupants, and no other names on the title, the home is typically sold. This may
Simply put, a will makes clear how a person wishes his or her estate to be distributed after he or she passes away. In a perfect world, the executor of the estate will see to
The duties of an executor or administrator of an estate are many and varied. The court takes estate administration seriously and assumes that the executor will perform his or her duties with care and diligence.
Though writing a will is not necessarily a difficult task, many people choose to put it off for one reason or another. Unfortunately, some put it off too long and pass away without leaving behind
At no time during the life of a man or woman in British Columbia is that person happy to pay their taxes. Imagine the surprise of discovering one is responsible for the taxes of another
It is more than likely that a person appointed executor of an estate has never done so previously. Needless to say, he or she may have a lot of questions about the job they’ve been
When an individual in British Columbia passes away and leaves a will, the will must go through probate. In theory, the probate process is relatively simple: the will is submitted to the court and its
Over the course of a person’s life, he or she may accumulate assets of value, such as real estate holdings or intellectual property. If that person passes away without a will in British Columbia, it
Acting as an executor for an estate in British Columbia is an important, but task-laden responsibility. Some of these tasks are relatively self-evident; it will come as no surprise that the executor is responsible for
The intent of the 2014 Wills, Estates and Succession Act was to modernize estate law in the province while also making the probate process easier for the public. Probate is needed as per the policies
Congratulations, you’ve been named as executor of your late friend’s or family member’s estate. It may seem a dubious honour, but it means that the person trusted you a great deal. As such, it’s important
In 2014 some changes were made to the Wills, Estates and Succession Act that affects residents of British Columbia. The changes are intended to modernize estate laws and make the probate process easier. Below are
When a death occurs without warning, the family members are in a state of shock. But decisions still must be made, and often it falls to the executor of the person’s estate to make them
Even professional estate administrators and lawyers dislike handling estates where there are multiple contentious heirs working at cross-purposes with one another. Sometimes dissatisfied heirs try to undermine the probate process by selling off some of
If you are the executor of someone’s estate, it’s incumbent upon you to preserve and protect the assets that now belong to the estate. Sometimes this is relatively simple, such as locking up the decedent’s
Last month we reviewed the timeline of estate administration in the days and weeks following the death of the decedent. Today, we pick up the timeline where we left off — several weeks after the
If you are the spouse, adult child or other relative of a person who died without leaving a will, you could wind up applying to the court to administer that person’s estate. If the decedent
If you are newly appointed as the administrator of an estate, it can be confusing knowing what needs to be done when. Below is a list of the duties you will be responsible for performing
Being named as executor of an estate is a solemn responsibility. While it may be a source of some pride to be named to such an important position, many would-be executors are understandably daunted by
At the best of times, being executor for an estate can be time-consuming and emotional. All administrators hope for a smooth and expeditious execution of their duties. Unfortunately, there are times when surprises during estate
There are many responsibilities thrust upon an estate administrator in British Columbia. Chief among them is putting the will through probate. This is an important process and requires completion before the estate can be administrated.
There are many responsibilities suddenly heaped upon the executor after a person dies. The order in which these responsibilities need to be handled is not always readily apparent. However, one of the very first tasks
There are many stages the executor of an estate must navigate through when administering a will in British Columbia. One of the most important is probate. The purpose of probate is to convince a judge
The courts and government of British Columbia recognize the autonomy of individuals to leave their estate to the people they choose. With that being said, however, there are certain circumstances wherein it may be possible
Very few executors are surprised to find out they were named to the position, having typically been informed during the estate planning stages. Given the prior knowledge of the eventual responsibility, it might not be
Sometimes death comes as a bolt out of the blue, an unwelcome surprise to the survivors of the decedent and the administrator of his or her estate. But other times, there is foreknowledge that death
If you are named as administrator of an estate, there may be some assets that fall out of the breadth and scope of the probate process. These non-probate assets must be dealt with separately as
If you are responsible for the probate and administration of an estate here in British Columbia, you might want to know what you will wind up having to pay. The estate may be subject to
Some estate administrators in British Columbia might have to deal with an estate freeze. The term refers to the transfer of business assets while the business owner is still alive to the intended heirs for
Some British Columbia residents are surprised to learn that they have been named as executor of a deceased person’s estate. The way to confirm this is to view the original will. Wills may be kept
Handling the administration of a loved one’s estate when there is no will can be fraught with confusion for many people. When coupled with the grief that accompanies the death, the emotions can be paralyzing.
If you are involved in the probate of a will as an estate administrator, you may find yourself dealing with a situation of a life estate or life interest. These scenarios involve life tenants —
If you are struggling with the administration of someone’s estate, it can be quite frustrating. You might want to rush it through to appease family members and/or beneficiaries, but that could come back to haunt
Elderly parents with several adult children sometimes elect to choose one child to be the executor of their estates when they die. This may give them comfort to think that they carefully selected the fairest
If you are in charge of probating an estate, it can be confusing trying to remember to cross every “t” and dot every “i.” But yet it must be done correctly or you could face
If you are in charge of probating an estate, at some point you may need to valuate real estate that was owned by the decedent. It’s vital that this is accurately done in order for
How convenient it would be if our loved ones always managed to have their affairs in tip-top shape at the time of their deaths. While some do manage to prepare for the inevitable and get
The courts and government of British Columbia recognize the autonomy of individuals to leave their estate to the people they choose. With that being said, however, there are certain circumstances wherein it may be possible
The responsibility of being executor of an estate, or the British Columbia court-appointed administer, is a heavy burden. Fortunately, a well written will leaves little room for doubt as to what needs to be done
In order to have your wishes carried out regarding the administration of your estate, it’s important to select the right executor to handle your affairs when you die. Making the wrong choice can delay the
The responsibility for filing for probate of a deceased person’s estate can sometimes be burdensome, especially when the estate is large or complex. Sometimes an estate can include multiple properties and/or business entities that all
There are cases where it is appropriate that the Public Guardian and Trustee (PGT) administers estates when the circumstances do not permit the beneficiary, intestate successor, executor or other eligible person to serve in that
Sometimes the administrators of estates have to deal with demanding and unpleasant heirs and beneficiaries. If they are really unlucky, they may even be related to them by blood or marriage. In cases like that,
If you have been named as administrator of an estate where there is no will, your job will be more complicated than it would be if the decedent had legally spelled out his or her
At some point during the probate of an estate, the estate’s personal representative ceases to act as the executor and becomes the estate’s trustee. This usually happens once all of the personal representative’s duties have
When spouses, parents or others die, their heirs may have concerns about any responsibility they may have to pay the debts the deceased accrued over a lifetime. In short, the answer is that they have
One of the problems that estate administrators can encounter during the probate process is dealing with an insolvent estate. This occurs when the decedent owes more to creditors than the estate is worth. An insolvent
If you are the administrator of your parent’s estate and you have at least one sibling, chances are good that you have first-hand experience with frustration. There’s something about parental inheritance that turns otherwise pleasantly
People tend to seek out the most trusted friends and relatives they have to serve as estate administrators of their estates after they die. After all, who best to carry out one’s wishes but a
When accepting the responsibility of being the executor of a decedent’s estate, one also accepts any liabilities. According to one senior will and estate planner in Newfoundland, the primary risk to executors is the last
Even after a person has passed away, an obligation is still owed to the Canada Revenue Agency. In fact, the CRA is one of the most important contacts to be made by the executor during
In March of 2014, British Columbia enacted the Wills, Estates and Succession Act, which modernized estate law and made the probate process easier. Whether probate is necessary or not depends upon the policies of the
If you are named as executor of someone’s estate, that is an indication that the person had great confidence in you and your ability to carry out his or her wishes. But while it may
Wills are the most common way for a person to decree how his or her estate will be handled after they have passed away. They can be set up to provide welcome gifts to grieving
If you are selected to administer a family member’s, close friend’s or business associate’s estate, chances are that in this digital age, your responsibilities could include management of the digital assets of the deceased. When
Some people are born to greatness; others have greatness thrust upon them, a famous saying has it. In a sense, the same is true for estate executors. Most executors know well in advance that they
If you are involved in the probate of a will, below are some definitions and interpretations as set forth in the Wills, Estates and Succession Act that took effect in British Columbia in 2014. Beneficiary –
Being in charge of probate for an insolvent estate is truly a thankless task, yet if you have accepted this assignment, you must carry out your duties. These types of estates are usually best administered
Many people find great comfort in knowing that their will clearly designates who will take possession of their treasured belongings and other assets after their deaths. However, what about those to whom they prefer to
Sometimes people named as executors of estates are unable to serve in that capacity. They may have died at the same time as the decedent, as in spouses killed in an accident, or they might
If you are handling the probate process as an estate administrator, one challenge you may encounter are disappointed beneficiaries. There can be many reasons for their disappointment, and few of them will likely be because
Many executors don’t need to apply for probate, depending upon the estate’s assets, as some can pass on to the heirs directly. Properties owned as joint tenancies with other people don’t have to be probated.
This is the second installment of our series on the duties of an executor in British Columbia. Many executors elect to retain a lawyer to prepare the paperwork and provide legal advice on the
Dealing with probate matters can be one of the hardest things you’ve ever done because it necessarily comes after what might be a great loss. At a time when you are grieving for a loved
Despite the best intentions, not all probates proceed smoothly. If you are responsible for probating and administering an estate, you might run into some of these typical problems. Inadequate will searches. The process must include
Sometimes in cases of estate administration, the person named as administrator of the estate will retain a lawyer to assist him or her with the process, only to learn later that there is a potential
If you are new to the probate process in British Columbia, you may be confused about your role in the process. In this blog post, we will explain some of the basics. The process of
It can be confusing to interpret the rules regarding the disposition of your property in Canada after your death. Below are some basic facts of which all British Columbia residents should be aware. On the
“Learning you have been named as executor of somebody’s estate can come as a surprise. While it is better for the decedent to have already pre-arranged with his or her intended executor to carry out
An appointment as executor of an estate means a difficult process is about to begin, likely during a time of great emotional stress. Going through the stages of probate and estate administration in British Columbia
