Estate and Incapacity Planning

Last month we explained that the decision to act as an executor is not one to be taken lightly – it is a role that comes with significant duties and exposure to risk. We had initially intended to discuss the duties of an executor in this month’s post, but a recent question inspired us to…

One of the first things on the minds of many potential executors or administrators of an estate (also known as the “personal representative” of the estate) is what to do about creditors. People often die with, for example, a mortgage or credit card debt. As we discussed last month, the initial duties of a personal…

In British Columbia, if a person over the age of 18 is living with a severe mental or physical impairment, they may qualify for financial assistance under the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, C. 41 (the “Act”). For an individual to qualify, a Medical Professional must provide an opinion that…

The Trustee Act requires that an executor or administrator of an estate (also known as the “personal representative” of an estate) must provide an accounting of the estate to the beneficiaries (and any unsatisfied creditors) within two years from the date the Grant of Probate or Administration (the “Grant”) was issued. Before distributing estate assets,…

The Wills Estates and Succession Act (“WESA”) prohibits the executor or administrator of an estate (known generally as the “personal representative” of an estate) from making a distribution from the estate to any beneficiaries until after 210 days have expired from the date the Grant of Probate or Administration is issued. A distribution may be…

Duty to Avoid Conflict of Interest There is a general prohibition against an executor or administrator of an estate (known generally as the “personal representative” of an estate) acting in a situation in which there is a conflict between the personal representative’s interests and the interests of some of the beneficiaries of the estate. It…

Last month, we discussed some of the considerations that the executor or administrator of an estate (also known as the “personal representative” of the estate) must attend to in dealing with creditors of the estate. This month we will focus on a related topic – dealing with taxes on behalf of a deceased person’s estate.…

When the time comes to decide whether to act as executor or administrator of an estate, it is important to have a sense of where to start. This month we provide a listing of some of the typical initial duties a personal representative of an estate should attend to at the outset of their involvement…

We are going to start off by beginning a series of posts about what being an executor or administrator of an estate entails. Terminology First, we should begin with a bit of terminology. If one is named in someone’s Will as an executor one is referred to as an executor. If one is not named…

It is not uncommon for people to ask us about will kits. While some people can purchase and use these kits without it causing a problem down the road, doing so is often a risky business. Provincial Rules Apply Firstly, it is very important to ensure that a will and the circumstances of its witnessing…