Who gets my father’s property if he dies without a will in BC?

Vancouver estate lawyers distribute assets of a person dying without a will according to the intestacy provisions of WESA. The provisions depend upon whether there is a spouse and children, how many children and whether it is a blended family.

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What are estate accounts in BC?

Vancouver estate lawyers ensure that administrators, executors and trustees account to the beneficiaries for estate property and expenses. A passing of accounts can be formally through the courts or informally by consent.

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What can I do if my mother gave away family property before death?

Vancouver estate lawyers look at intention to see if the transfer of property was a gift or is held on a resulting trust for the estate. If it is held on a resulting trust, her estate really owns it and it must be returned.

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What is undue influence in the making or changing of a will?

Vancouver estate lawyers ask whether the will-maker’s will was dominated by another person, whether through coercion, manipulation or the outright but subtle use of power. They also consider the “potential for dependence or domination” provisions in WESA.

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How much mental capacity is needed to make a will in BC?

Vancouver estate lawyers look beyond a deceptive ability to answer simple questions to whether there was a “disposing mind and memory”.

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What if my father did not know / approve the contents of his will?

Vancouver estate lawyers can require surrender of the grant and formal proof of the will. If a will-maker did not know and approve the contents of a will, the will is invalid, in which case a previous will may come into effect.

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What are the formalities of making a will in BC?

Vancouver estate lawyers look to WESA for the formalities of executing a will including writing, 2 witnesses and signing in each other’s presence. Estate litigation lawyers also use WESA to formalize an improper will and even a document that would not otherwise be a will.

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How long do I have to bring a claim to change an unfair will?

Vancouver estate lawyers must file a wills variation claim in a Supreme Court registry within 180 days of the grant of probate or the right to bring it expires.

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What is a wills variation claim?

Vancouver estate lawyers help husbands, wives, sons and daughters bring a wills variation claim if a partner’s or parent’s will does not make “adequate provision for their proper maintenance and support”. In making that determination, the courts look at current legal and moral norms.

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Who can bring a claim to change or vary a will in BC?

Vancouver estate lawyers will tell you that only married and common-law husbands, wives and partners, and biological and adopted sons and daughters can bring a wills variation claim.

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