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February 2018 Archives

Executors cannot choose where to probate a will

Handling probate fees is one of the many challenges people face when executing a will. Executors in British Columbia may be tempted to look at the different probate fees in different provinces to see if there is a less expensive location to undergo this process. However, under Canadian law a person's will must be probated in the province where the individual lived primarily. The only exception to this is if there is an estate asset in another jurisdiction that must be probated there.

Cottages and capital gains taxes can complicate estate litigation

Families with multiple properties have many things to consider when preparing their wills. One of the issues that may arise in estate litigation is a beneficiary's ability to afford the taxes on a property he or she inherits. For families with a cottage that they would like to keep in the family, British Columbia and Canadian estate law and capital gains tax should be considered when drafting a will.

Considerations for those named executors without prior knowledge

While many people have conversations and share documents with the person they have chosen to execute their estate, occasionally someone will learn of their position only after a person has died. Unwitting executors may be confused about their next steps upon finding out they are responsible for taking care of a person's will. There are often many questions about their next steps or even their ability to decline the position under British Columbia law.

Tips for picking executors

Picking the right person to carry out a will is a difficult and important decision for an estate planner. An executor will be tasked with an immense amount of responsibility once the person whose will they are executing passes away. British Columbia estate planners and their executors should be fully aware of these tasks and responsibilities when they enter into this arrangement. 

Executors should discuss details with terminally ill relatives

When a family member is diagnosed with a terminal illness, one of the many things to consider is the steps to be taken after he or she passes away. For those named as executors, understanding these responsibilities is even more important. While it can be emotionally difficult to discuss these issues with a dying loved one, understanding his or her estate plans, assets and last wishes before they pass away can alleviate a lot of stress for British Columbia families.

Lunny Atmore

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