Garton & Harris

February 2015 Archives

Administration of wills in British Columbia

When a person dies with a will in British Columbia, the court may grant probate of the will or administration of the estate upon a showing of several things. First, the court will need to make a determination that the will offered for probate is valid. The court will also need to find that the decedent was a resident in British Columbia when he or she died, was not a resident or domiciliary of British Columbia but left property behind in the province or that the person was outside of the province but the personal representative who will be a party to the action is within the province and an action has been opened.

The British Columbia court system

The B.C. Court of Appeal hears both civil and criminal appeals, and it has been the highest court in British Columbia for over 100 years. However, the Court of Appeal does not hear appeals of civil cases involving sums of less than $25,000. These cases initially go before a Provincial Court, and appeals are sent to the Supreme Court of British Columbia. Civil cases involving more than $25,000 are heard by the Supreme Court of British Columbia, and these cases that may be appealed to the Court of Appeal.

Representation agreements and powers of attorney

When you are thinking about how to plan for your estate needs in British Columbia, it is important for you to consider what will happen in the event you are incapacitated and no longer able to make financial or health care decisions for yourself. If you do not plan ahead, your family and loved ones may be forced to seek an order from the court simply to be able to care for you.

When a will needs to be revoked, changed or revived

Circumstances for people in British Columbia will sometimes change, necessitating a corresponding alteration or revocation of a will. At other times, people may want to revive a previously revoked will, re-establishing it as the effective will upon their death. Provincial statutes have outlined the specific way that these goals may be met.

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