McLellan Herbert,
Barristers & Solicitors
A death in the family is a tragic event. Between the grief and sadness, loved ones can struggle to cope with the loss for quite some time. Adding in a contentious estate administration process, and this experience can be particularly upsetting.
Unfortunately, administration conflicts do happen. And when they do, they can delay distributions, cost money and push personal relationships beyond their breaking point. This fallout can often stem from having to go to court.
When a person passes away, their will serves as a critical guide for property distribution and defining their legacy. It is a highly personal and powerful document, and the courts treat it as such. Therefore, setting it aside is not something they do lightly.
However, wills are subject to challenge under certain circumstances.
Creating a will may not be the most enjoyable task, but it is an incredibly important one. Having a will as part of your estate plan alleviates some of the challenges with distributing assets and preserves your wishes.
However, things change over time, from your resources and beliefs to relationships. As such, it can be wise to update your estate plan after the following events:
As parents get older, many can struggle with mental decline. It might start with gradual memory lapses or come on suddenly, but in either case, a parent in this position can become vulnerable to mistreatment, threats to their safety and neglect.
Thankfully, there are ways adult children can protect their incapable parents in these difficult situations.
A will is a vital document for every adult to have in place. However, too many people assume they do not need one. Some do not recognize just how valuable a will can be; others think they have nothing to protect.
In reality, every person has something worth protecting in a will and having one can be far more helpful than you realize.
Estate Litigation & COVID-19: COVID-19 Notice No. 24 was issued by Chief Justice Hinkson on May 26, 2020, which declared that parties not appearing Court in-person as a result of safety measures taken in light of COVID-19 must file their affidavits of service or delivery.
As we referenced in our blog post earlier this week, Chief Justice Hinkson made directions with regard to how the Supreme Court of British Columbia will be resuming some regular operations. COVID-19 Notice No. 28 was issued on June 5, 2020, and it clarifies how chambers applications will proceed while regular operations continue to be suspended.
On June 3, the Honourable Chief Justice Christopher E. Hinkson made directions regarding the resumption of further court operations, subsequent to the suspension of regular operations on March 19, 2020. In COVID-19 Notice No. 25, Chief Justice Hinkson outlines procedure for some of the court operations that will start to resume, but cautions that "[d]ue to the fluidity of the situation, the Court will continue to be guided by public health recommendations, and further adjustments to Court processes may be required" (para 2).
We started our "New Normal" blog series last month, which explores how the practice of law has changed here in British Columbia in light of COVID-19. So far, we've posted on matters relating to general practice and estate planning. This week, we are exploring a number of subtopics relating to estate litigation, and we're starting with affidavits.
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