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Wills Variation Act [RSBC 1996] Chapter 490

Estate Administration Act [RSBC 1996] Chapter 122

Public Guardian & Trustee of British Columbia

Frequently Asked Questions

1. What is estate litigation?
   Estate litigation involves legal action regarding an estate.  There are a few main reasons that arise that may lead to estate litigation.  These include a wills variation action, joint tenancy dispute, validity of a will, and when there is no will.

 

2. Why would someone contest a will?
   Wills are often contested because there is a question of competence, validity, or the will fails to meet obligations.

 

3. What is probate?
   Probate is the legal process an estate follows after an individual dies.  It is the process by which a will is proved and an executor is appointed.

 

4. Who takes control of an estate if there is no will?
   If an individual dies without a will, the court takes contol of the estate.  The Estate Administration Act sets out the procedure with respect to the distribution of the estate.

 

5. Are there death taxes in British Columbia?
   There are no death taxes in British Columbia.  The only tax or fee that an estate is subject to are probate fees, which is applied to the gross assets of an estate.

 

6. Who qualifies as a "spouse"? 
   According to the Estate Administration Act, the term "spouse" applies to those individuals who have lived together for at least two years in a marriage-like relationship.  Spouse does then apply to common-law and same-sex couples. 

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