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.
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.
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.
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.
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”.
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.
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.
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.
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.
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.
How do I challenge, contest or dispute a will in BC?
Vancouver estate lawyers challenge a will in 2 main ways, by contesting the dispositions in a valid will by bringing a wills variation claim, and by disputing the validity of the will itself in a claim based on capacity, formalities or undue influence.
Who gets my mother’s property if she dies with a will in BC?
Vancouver estate lawyers distribute the assets of a person dying with a will through her estate according to the terms of her will. Property held in joint tenancy (eg. family home or bank accounts), and RSPs or life insurance policies with a designated beneficiary pass outside the estate.