Garton & Harris

September 2014 Archives

How can a will be changed or contested?

A simple will is the foundation of many individual estate plans in British Columbia, and a number of people rely on wills to ensure that their last wishes are honoured and that their property is distributed properly on death. Often, though, people must update or alter their wills to reflect changes in attitude or life events. Additionally, heirs and potential heirs may choose to challenge a will if they feel the testator's wishes were not properly contained therein. In either case, the laws of British Columbia provide guidance.

How do I properly settle an estate in Canada?

Before an individual in British Columbia passes on, he or she may create a will and designate one person to administer the estate. In some cases, an alternate administrator or executor may be named in case anything happens to the first person. When a person is named as an administrator or executor, he or she is obligated to perform certain tasks on the estate's behalf. Primarily, that person must gather an inventory of the estate and notify the testator's next of kin.

Power of attorney in British Columbia

Residents in British Columbia may benefit from understanding more about how power of attorney is handled in the province. Power of attorney can be described as documentation that appoints another person, referred to as an attorney, authority over making legal or financial decisions concerning someone's assets or business interests. The most recent Power of Attorney Act, enacted in B.C. on Sept. 1, 2011, made changes regarding the enduring powers of attorney.

Administration and distribution of estate when there is no will

When a person dies in British Columbia without leaving a will, the person is said to be intestate and their estate is handled in accordance with the Wills, Estates and Succession Act. According to the act, the entire estate goes to a spouse when there are no descendants.

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