Garton & Harris

Estate Administration & Probate Archives

Unclaimed gifts and beneficiaries who cannot be located

If an individual living in British Columbia has been named in a will as a beneficiary but is unable to be located, there are several steps that must be taken. First, the personal representative of the individual who wrote the will must spend 12 months attempting to locate the beneficiary. If the personal representative is unsuccessful, that individual is then permitted to sell the property and deduct the amount that was spent on storage, sale and transportation. The remaining money is then placed in a trust.

Legal representation for estate administration

When an individual is named the administrator of a deceased person's estate in British Columbia, the job may overwhelm them. Oftentimes, the administrator of the estate was a close friend or relative of the deceased person, and they are going through a grieving process. If the administrator has little experience dealing with financial matters, this can make the job even more difficult.

How the location of the executor can affect an estate

Individuals in British Columbia who are working on their estate plan may wonder whether the location of the estate executor has any impact on their estate. After a person's death, the residency of their estate will be the same as the residency of the estate executor. The executor's location, therefore, can have a major impact on how the estate is taxed.

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.

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