Probate Lawyer Vancouver

GET EXPERT GUIDANCE ON OBTAINING AN ESTATE GRANT AND ADMINISTERING AN ESTATE

Executing a loved one’s estate can be a stressful time – but with the right legal guidance, it doesn’t have to be. If you’ve been named the executor of a will, working with an experienced probate lawyer can drastically simplify the process.

What is Probate and How Does It Work in Canada?

When a person dies in Canada, their estate must typically go through a legal process known as probate to obtain an estate grant. The probate process ensures that the person’s will is legally valid before it is executed and their assets are distributed. If there is no will in place, the same basic process still applies, but the personal representative is referred to as the “administrator” rather than the “executor.” 

Probate confirms the value of assets included in the estate, such as bank accounts, investments, real estate, and vehicles, and ensures that these assets don’t actually belong to someone else and haven’t already been willed to someone else. Once the probate process is complete, the executor is given a legal document called a Grant of Probate or a Grant of Administration (without will) confirming that the will is valid and can now be administered.

Obtaining a Grant of Probate or Grant of Administration

In order to act as executor or administrator for your loved one’s estate, you’ll first need to obtain a Grant of Probate or Grant of Administration (both are types of ‘Estate Grants’).

A Grant of Probate is a document that’s issued by the Probate Registry after the executor “applies” for probate. It gives the executor permission to act on behalf of the deceased person's estate, allowing them to sell property, pay bills, and collect debts owed by the deceased person's estate.

If there is no will in place, the person managing the estate will instead need to seek a Grant of Administration, which provides similar privileges.

Why Hire a British Columbia Probate Lawyer?

Executing or administrating a loved one’s estate involves numerous tasks that can be both confusing and overwhelming. The experienced Vancouver probate lawyers at Parr Business Law can help you navigate the probate process with confidence and clarity, drastically reducing the amount of time spent in probate and potentially reducing the amount of probate fees that will need to be paid out of the estate. Our Vancouver wills lawyers and probate lawyers represent clients throughout Vancouver, the Lower Mainland, and all of British Columbia.

Navigating Probate Without a Will

When someone passes away without a will, it adds a layer of complexity to the probate process. In such cases, an administrator, often a close family member, is appointed to manage the estate.

This process outlines a standard procedure for distributing assets. Navigating this terrain requires an understanding of these laws and often necessitates additional legal guidance to ensure a fair and lawful distribution of the estate.

If you have experienced the loss of a loved one without a will, our team at Parr Business Law will be able to provide you with advice regarding the best steps to take. We can also guide you on how to gain a ​​Grant of Administration if you wish.

Disputing a Will During Probate

The probate process can occasionally be complicated by disputes over the will, which can arise for a variety of reasons.

One of the reasons for disputes might be due to concerns about the deceased's mental capacity at the time of making the will. Questions may be raised about whether the individual was of sound mind, fully understanding the implications and content of the will.

There can also be allegations of undue influence, where it is suspected that someone put pressure or used manipulative tactics over the deceased which affected the decisions made in the will.

These situations can be incredibly challenging, as they delve into sensitive areas of personal relationships and the private intentions of the deceased.

If you find yourself in a place where there is a dispute over an Executor, contact our team at Parr Business Law. We will be able to provide you with the best legal advice depending on your personal situation.

International Aspects of Probate

For estates with international assets, or non-Canadian residents, the probate process involves additional complexities. This might include dealing with foreign legal systems, tax implications, and different asset management rules.

If this is the case for your situation, our legal team will be able to guide you through how to carry out Executor duties and will help you navigate through any potential hurdles.

Dealing with Debts and Creditors in Probate

As an Executor, part of your role involves identifying and settling the deceased’s debts. This process includes notifying creditors, validating claims, and ensuring debts are paid from the estate's assets.

It's a legal obligation that needs to be handled with due diligence to avoid any personal liability. If you are an Executor and need legal help handling debts and creditors, our team is here to help.

  • No. If a person leaves behind assets of less than roughly $30,000 in their own name, their will may not need to undergo probate. The estate value threshold for requiring an estate grant to transfer a vehicle is $25,000. Some banks and credit unions will permit the transfer of accounts without an estate grant if the total estate value is less than $50,000, but generally, the threshold is $25,000 and in some cases less.  

    • Our probate lawyers will require the original will, if any, as well as a copy of the death certificate and bank account statements as of the date of death of the deceased. Bank account statements will generally be released by the banks upon request from a lawyer.

    • A wills notice search, along with other steps, must be performed to ensure there are no other wills in existence. 

    • A calculation of all of the assets and liabilities of the estate must be completed in order to complete the requisite probate application form.

    • During the probate process, relatives or other potential beneficiaries can raise a dispute or challenge the contents of the will.

    • Once the court confirms that the will is legitimate and that there are no outstanding challenges or disputes to the will, it will then issue a grant of probate to the executor.

    • Once the grant of probate is obtained, the executor can begin to administer the estate and distribute assets.

  • How long it takes a will to go through the probate process in British Columbia depends on a few factors, such as the complexity of the estate and which province or territory probate is taking place in. In general, probate can take anywhere from a few months to well over a year, depending on the nature of the estate.

    The speed of the probate registry cannot be controlled; however, by ensuring that you work with a law firm experienced in probate applications, you can speed up the process significantly.

  • Without a grant of administration, you can't settle an estate because there's no one who has power over the deceased's assets and property. You’ll be unable to sell property, such as a house or a car, without having legal ownership over it first.

FAQs

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Handling a loved one’s estate can be confusing and overwhelming, but our Vancouver probate lawyers at Parr Business Law can help you find peace of mind and clarity when it comes to carrying out their final wishes. Schedule a free consultation call today to discuss how we can help you navigate the probate process by obtaining a Grant of Probate or Grant of Administration.