Probate and Estate Administration

Probate is a declaration by the court that confirms the validity of a will and the authority of the executor. There is no general requirement that a will be submitted to probate. Many estates are processed without a probate application, and several strategies can be used in advance to avoid the need for a probate application. Probate is usually required because third parties, such as financial institutions or the Land Title Office, are unwilling to rely on a will unless the court has confirmed its validity. Where there is no will, an application for letters of administration may be required to appoint an administrator to handle the estate. If an application to the court for probate or administration is required, we can assist you with the application and the administration of the estate in a timely and efficient manner.

Estate Claims

In British Columbia, the Wills Variation Act permits spouses and children of the deceased to challenge the terms of a Will if they believe the deceased has not adequately provided for them, A Will can also be challenged if it was made under duress or when the deceased was not mentally competent. Beacon Law Centre has the expertise to assist in the resolution of these claims.

Legal Information

• Executors - A Checklist of Your Immediate Duties
• What is Probate?
  

Questionnaires (Word document format)

• Probate Questionnaire