REQUIREMENTS FOR A WILL (B.C.)
It is important for you to make a will when you are capable of doing so. This means that you are in good health and that you are mentally capable. If you are mentally incapable, you are not able to make a will. Mental capacity requires the following:
- you must understand that you are making a will and disposing of your property
- you must not have a mental disorder (e.g. delusions, dementia)
- you must not be a minor (under age of 19) except in certain circumstances
- you must realize what is in the will and agree that is what you want (knowledge and approval)
- you must make your will of your own free choice and without any undue influence
WILLS VARIATION (B.C.)
An application to vary your will can be made by a child or spouse of a deceased. This is an application to seek redistribution of the testator’s estate if it can be established that adequate provision has not been made for the proper maintenance and support of the claimant.
A child or spouse has six months from the date of probate to bring such an application and the executor must not distribute any portion of the estate to beneficiaries under the will until this time period has passed unless the executor has the consent of all persons who would be entitled to apply or is authorized by court order.
Probate is a court process by which the Supreme Court of British Columbia determines whether it has jurisdiction to deal with your assets and which law will apply. The court will assume jurisdiction if you had assets domiciled in BC as of the date of your death.
There are certain documents that are required to be filed as part of the probate application and generally the approval process may take several weeks.
The cost of probate includes a base fee of $200 in addition to fees payable based upon the value of your estate ($6 for each $1000 or part thereof of your estate value between 25,000 and $50,000 plus $14 for each thousand dollars or part thereof in excess of $50,000).
DUTIES AND RESPONSIBILITIES OF ATTORNEY
Who may act as attorney
You may name one or more of the following persons as an attorney:
- an individual, other than an individual who
the Public Guardian and Trustee;
a financial institution authorized to carry on trust business under the Financial Institutions Act.
- provides personal care or health care services to the adult for compensation, or
- is an employee of a facility in which the adult resides and through which the adult receives personal care or health care services;
However, your spouse or near relative who receives compensation for providing you personal care or health care services may be named as your attorney.
If you name someone under the age of 19 as your attorney, the individual must not act as attorney until that individual is an adult.