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How to Remove an Executor of an Estate
It is not uncommon for executors to tire of their responsibilities including responding to the demands of beneficiaries and decide to resign from their duties as executors. On the other hand, beneficiaries may tire of the executor’s delays in administering and distributing an estate or more seriously, take the view that the executor is acting
- Published in Trust and Estate Litigation
Who is a Spouse Under WESA?
When someone dies without a will, that person is said to have died “intestate” and their estate must be distributed according to the BC Wills, Estates and Succession Act (WESA). According to Section 20 of WESA, the estate of a spouse who has died without a will and with no surviving descendants must be distributed entirely
- Published in Trust and Estate Litigation
Are Will Variation Claims Worthwhile?
While the Wills, Estates and Succession Act (WESA) of British Columbia has provided a framework for seeking a variation of the distribution of an estate that is set down in a will written by a person who has since died, (as well as challenging the validity of a will on the grounds of undue influence
- Published in Trust and Estate Litigation
The Truth About Will Contests
The death of a loved family member is emotionally difficult, perhaps an even traumatic event. That grief can be compounded if you learn that your parent or spouse treated you unfairly in their will or if you have concerns regarding the circumstances of the making of the will. Although it is difficult to be objective
- Published in Trust and Estate Litigation
Can a Power of Attorney Change a Will After a Death?
A power of attorney is a legally binding document giving a person some authority to act on behalf of another. There are very strict limitations as to what this person can and cannot do. If you believe someone has changed a will or has made changes he or she is not authorized to do on
- Published in Trust and Estate Litigation
When Can a Will Be Contested?
The death of a loved family member is an emotionally difficult, perhaps even traumatic event. That grief can be compounded if you learn that your parent or spouse treated you unfairly in their will or if you have concerns regarding the circumstances of the making of the will. Although it is difficult to be objective
- Published in Trust and Estate Litigation
Disinheritance of a Child by their Parent
Can a parent in British Columbia cut one or more of their children from their will, or leave more to one child than another? Those are not simple questions to answer. However if one of your parents recently died leaving little or nothing to you, here are some of the issues that need to be
- Published in Trust and Estate Litigation
Undue Influence Cases
When someone dies and questions begin to be asked about the deceased’s property, it is obviously important to determine whether that person left a will. In most cases, family members will accept the will maker’s wishes for the disposition of their property. However, in other cases the family might find the contents of the will
- Published in Trust and Estate Litigation
Mutual Wills, Joint Wills and Mirror Wills
Enacting a will is an important step for everyone to ensure that they have a plan ready in the event of the unexpected. It’s also a good idea to create one as soon as possible, so you are prepared for the future. When couples share a significant number of assets, it can make the process
- Published in Trust and Estate Litigation
Statute of Limitation for Contesting a Will in British Columbia
There are several reasons that a person may contest a will. They may have been left out of the will or feel that they did not get what they thought they should. Whatever the reason, contesting a will is not easy, but the process is straightforward – as long as you begin your action before
- Published in Trust and Estate Litigation