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The decision to select an executor for your will should not be taken lightly, as your executor will have to carry out many duties to administer your estate and work with your beneficiaries. Your executor may also be one of your beneficiaries. Selecting your executor gives you control over who manages your estate, rather than leaving that decision out of your hands. Ideally, your executor should not be much older than you (younger is best!) and should be reasonably healthy.

In many instances, but not all, one of those executor’s duties is probating the will, which is the formal process of the Court approving your will. The role also entails making funeral arrangements and ensuring that the estate expenses, including funeral costs are paid. For example, your executor will be tasked with ensuring your debts and any liabilities such as tax arrears are paid. Ultimately, after all the estate duties and liabilities are taken care of, your executor will see to it that your assets are distributed to your beneficiaries per the instructions set out in your will.

When deciding who you should appoint as your executor, you should consider a few things:

A trusted family member or friend

Do you have a close relative or friend who is honest, objective, and willing to carry out the aforementioned duties? You may consider appointing a trusted friend or family member as executor if you’re confident that he or she can remain fair, honest and diplomatic throughout the process. Spouses and children remain popular choices for executors as they know your situation best and maybe your most trusted individuals.

A professional executor

If you’re unable to identify a family member or friend who can act as an executor, then a professional executor can fill that role. This is especially if you foresee familial issues or if your estate is complex. A professional executor is an independent 3rd party with the necessary skill and experience to administer estates impartially, which can be important particularly if there is tension between your spouse and your children from a previous relationship or if you have an estate that you feel may be better handled by a professional executor. Keep in mind that professional executors may not be necessary in most cases, that they may not be as familiar with your personal situation, and that they do charge professional fees which will reduce the amount leftover for distribution to your beneficiaries. Research your professional executors carefully before you appoint one.

Having more than one executor

In some cases, you may wish to choose two people for the role to ensure some degree of oversight. There are some benefits but also drawbacks with having multiple executors, including the potential for disagreement and conflicts, so it’s best you speak with a wills and estates lawyer to advise you if this may be a good idea or not. Having a backup executor, however, is almost always a good idea.

Your location

Let’s say you’ve built a life for yourself in BC. It would be ideal for you to appoint an executor who lives in the same region as yourself. Administering the estate may require your executor to make frequent visits to properties, the lawyer’s office and also meeting with beneficiaries, which can be more expensive and time-consuming for the executor if he or she lives far away.

Someone who is financially literate

Your executor should have a general understanding of financial matters. He or she should also be able to identify and consult with the appropriate specialists for matters that require their expertise. For example, your executor may be required to prepare an accounting of your estates distribution (with the assistance of a probate lawyer) that outlines how your estate assets have been paid out, so a basic level of financial literacy would be helpful.

Wills and estates lawyer in Richmond

Life is filled with uncertainties, but it’s reassuring to know that with a proper estate plan, you can have control over some things, even after you’re gone.

This list of considerations is non-exhaustive, and each person’s estate is different. Nothing in this article constitutes legal advice, but general information only. We recommend that you seek independent legal advice from an experienced wills and estates lawyer to help you craft an estate plan that’s suitable for your situation. A simple will-kit that you download, purchase online or in a store may save you money in the short-term, but may not be appropriate for your situation, and can lead to costly errors or headaches that an experienced wills and estates lawyer could have corrected in the beginning.

If you need help with estate matters such as writing a will or advice relating to your estate plans including selecting an executor, contact us at Bernard Lau and Co. Law Corporation. Let our Richmond wills and estates lawyer help you get your affairs in order.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Civil litigation refers to instances where two or more people are involved in a non-criminal legal dispute, and generally speaking, one or both parties believe they are entitled to money or a specific relief that can be granted by the Court.

It can cover a wide variety of different cases, including everything from disputes involving the purchase and sale of real estate or other goods or services, debt collections and even human rights discrimination.

If you wish to file a lawsuit, you should consult a civil litigation lawyer first. A civil litigation lawyer will evaluate your case to determine whether it has a good chance of being successful, the benefits and risks of proceeding with the lawsuit, as well as propose creative, out-of-court solutions that may not require a full trial or even Court attendance.

Among the types of litigation cases that Bernard Lau and Co. primarily handle are:

Real estate disputes

Real estate disputes can include breaches of contract by buyers or sellers, co-ownership of property disputes, beneficial ownership disputes, liens and freezing of real estate assets and deposit forfeiture cases. A related subcategory can include realtor negligence or breach of fiduciary duties whereupon realtors may not have acted in the best interests of their clients and have resulted in monetary loss for their clients. Real estate disputes can be complex and the stakes can be quite high. Time is often of the essence and aggrieved parties are often best served if they are aware of their legal rights and remedies as early as possible so that they can immediately take action to preserve their rights against the subject property, often by deploying tactical tools such as a certificate of pending litigation or a caveat.

Defamation

Defamation involves the damaging of one’s reputation through false words either published in writing such as through internet postings, blogs or online reviews, or through traditional media. It can even occur via the spoken word if a 3rd party were present to overhear the defamation in question. Although monetary damages are typically sought, alternative solutions may involve issuing a cease-and-desist letter to limit the further dissemination of the defamatory message, the publishing of a formal retraction as well as the issuance of an apology by the offending party.

Choosing the right civil litigation lawyer

Although civil litigation lawyers can handle a range of matters, you may be best served to retain a lawyer who practices in exclusive practice areas. This is something you should consider when seeking to hire a lawyer for your particular case. The law office at Bernard Lau and Co. has extensive experience handling litigation matters particularly involving real estate disputes and defamation, including amassing years of trial and court experience from helping clients with problems such as yours. Our litigation cases have also attracted local and national media attention for their monetary and public interest significance. If you have a case matter and would like to see if our law office can assist you, please contact us at 604-285-5240.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

A power of attorney is a legal document that gives one or more persons (referred to as attorneys) the authority to manage your financial and legal matters, including your real estate properties on your behalf.

Having a power of attorney arrangement in place makes it clear who will be responsible for your money and property if you are unable to manage them on your own, even temporarily. This document is a critical part of personal planning because if you lose your mental capacity and do not have a valid power of attorney in place, another person may need to obtain authority from the Supreme Court to manage your affairs, which can be tedious and costly process.

A power of attorney also provides you with peace of mind as your attorney is mandated to manage your money and property for your benefit and can be required by law to account for how he or she has been handling your assets to ensure that your best interests are being looked after.

There are two commonly-seen types of powers of attorney: an ordinary power of attorney and the enduring power of attorney.

An ordinary powers of attorney

An ordinary power of attorney gives your attorney the authority to manage all or some of your finances and property only while you are still mentally capable of managing your affairs. It ends if you become mentally incapacitated.

It can be specific, meaning it gives your attorney authority for a definite period, or it can be limited, meaning it gives authority for only a particular task, for example, to sell a particular piece of real estate. This power of attorney can start as soon as you sign it or on a date specified in the document, and you can be flexible in regards to whatever restrictions you wish to place in the power of attorney.

Enduring or continuing powers of attorney

Unlike an ordinary power of attorney, an enduring or continuing power of attorney enables your attorney to continue acting on your behalf even if you become mentally incapable of handling your affairs. This continued authority gives obvious advantages over an ordinary power of attorney and greater peace of mind to the donor making the power of attorney.

An enduring power of attorney can take effect as soon as you sign it, or you may specify that it takes effect only if you become mentally incapacitated, usually with at least one doctor’s confirmation of incapacity. You may also set restrictions on the scope of the attorney’s authority in the enduring power of attorney.

Termination of powers of attorney

There are various grounds under which an enduring power of attorney can end. These include termination or revocation of the power of attorney, the resignation of the attorney, or the death of the donor or attorney. If the power of attorney was registered at the land title office to deal with real properties, then you will need to file a notice terminating the power of attorney at the land title office in addition to providing notice to your attorney. There are specific service requirements to give the notice to terminate the power of attorney, so do consult with a legal professional.

Do you need help drafting a power of attorney?

When preparing a power of attorney, it is wise to seek legal guidance, especially if your situation is complicated.

If you are searching for a lawyer in Richmond to help prepare a power of attorney, contact us today at Bernard Lau and Co. by calling 604-285-5240 to schedule an appointment with our estate and personal planning lawyer.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this website and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.
Accessing or using this website does not create a lawyer-client relationship. Although your use of the website may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.

Probate is the process of validating a will and settling an estate after someone dies. In Canada, a family member, a friend or another person can be appointed as the executor of an estate. The executor of the estate has the power to gather and secure the assets laid out in the will and has the task of distributing these assets as per the instructions set forth in the will, as well as pay off any liabilities of the estate.

Estate matters involve complex legal processes that can drag on if not handled correctly. Utilizing the services of a probate lawyer can help resolve estate matters more smoothly.

Here are some instances in which you should consider hiring an estates and probate lawyer:

Writing a will

A will provides instructions on how an estate is to be distributed upon death. Since many complex legal issues may arise in your decision to draft a will, it is recommended that you consult an estates and probate lawyer when writing a will. Doing so can help reduce the risk of unintended consequences or errors, which will, in turn, make the probate process much easier for those involved.

Being named as executor in a will

If you are named as executor in a will, it is advisable to hire a probate lawyer to provide guidance throughout the process before you begin your executor duties. A probate lawyer can help ensure that the wishes of the deceased are followed in accordance with the law. Hiring a probate lawyer also helps to safeguard executors from assuming personal legal liabilities in the course of their duties.

When there are delays in the probate process

While probate may not be required in every instance, the aim of many estates is to probate a will as soon as possible. In BC, it may takes anywhere from two to six months on average for a probate application to be processed by the court. There will then be waiting periods to allow interested parties to make claims if they wish. The entire probate process can last up to a year, sometimes longer. The process may be delayed if the executor has little or no probate experience. If this is the case, a probate lawyer can help speed up the process by providing guidance during the probate application so that the grant of probate can be obtained as quickly as possible.

Richmond probate lawyer

Are you searching for an estates and probate lawyer in Richmond, BC? Contact us at Bernard Lau and Co. Law Corporation.

We would be happy to help you prepare a will that contains your wishes for your estate or, if you are an executor of a will, we can help you apply for the grant of probate and assist you in carrying out your duties as executor afterwards.

Call us today at 604-285-5240 to schedule an appointment with our probate lawyer.

The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Bernard Lau and Co. (or their own legal counsel) regarding any specific legal issues. Bernard Lau and Co. does not warrant or guarantee the quality, accuracy or completeness of any information on this web site and should not be relied upon as being proper, accurate, timely or fit for any particular individual’s own circumstances other than for educational purposes.

Accessing or using this website does not create a lawyer-client relationship. Although your use of the web site may facilitate access to or communications with members of Bernard Lau and Co. via e-mail transmissions or otherwise via the web site, receipt of any such communications or transmissions by any member of Bernard Lau and Co. does not create a lawyer-client relationship. Bernard Lau and Co. does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this website.