Probate Dispute/Intestacy Lawyers

A person who dies without a will (intestate) usually leaves behind property and legal matters that have to be settled somehow. Usually his or her loved ones must determine what to do with those matters, and apply for Letters of Administration to be allowed to settle them.

For many of those friends and family members, the time after the death is filled with grief and confusion, even without intestacy. The last thing they want to do is go through the time-consuming and confusing process of making an application or carrying out administrator's duties.

At Lunny Atmore LLP, our lawyers can help you with your application and your duties.

Settling Your Loved One's Affairs

If more than one person wishes to become an administrator, the Wills, Estates and Succession Act (WESA) gives priority to some people over others. In a probate dispute, a widow/widower or adult children will be considered before a family friend. If nobody applies, the Public Guardian and Trustee will be considered.

The process of application involves:

  • Making the application, and giving notice to a number of people such as spouses and children
  • Submitting an affidavit of assets and liabilities
  • Submitting other supplementary documents if required
  • Waiting for approval, which may take months in some circumstances

It may take between three to six months for the process to be completed. In some circumstances, a temporary administrator may be appointed while the application is being considered in order to protect the estate.

As an administrator, your duties will include contacting all beneficiaries and creditors, distributing all the assets, selling assets such as real estate, closing bank accounts, and all the other duties that are needed to manage what your loved one left behind.

You will receive guidance from Wills, Estates and Succession Act (WESA), which specifies distribution guidelines such as the share that should go to the spouse, the children, parents, brothers and sisters, and other family members. WESA can also help you with difficult situations such as a deceased who left behind both a (separated) spouse and a common-law spouse.

The duties can be difficult and time-consuming, especially if there are complications or family disputes. Lunny Atmore LLP can help you sort out what you are supposed to do and help you through it.

Contact Lunny Atmore LLP

Let us help you apply for and carry out the duties of an administrator. We help families of intestate people in Vancouver or surrounding areas of British Columbia. Call us at 604-259-1678 or fill out our online form.