When an individual dies, their property is either distributed intestate, testate, or in some cases, both. In British Columbia, the Will, Estates and Succession Act (“WESA”)  is the main Act which governs Estate Law. The process of administering a deceased’s estate can be complicated. Maio Law helps Executors complete the necessary steps to obtain a Grant of Probate.

Now, what exactly is “Estate Law” or “Estate Administration”? Well, when a person dies leaving assets and liabilities, someone has to take control of their estate and pay off the individual’s liabilities and distribute the remaining assets. This aspect is standard, what differs is whether the individual died leaving a Last Will and Testament or whether they died intestate – distribution of an Estate when there is no Will. 

Whether the individual had a Law Will and Testament, and sometimes its location can be the first difficult task. A useful search can be done by visiting the BC Wills Registry page. Another useful place to search is Notice Connect. Oftentimes the individual left their original Last Will and Testament at the office of their Solicitor or Notary for safe keeping. Other times a financial institution may have it within a safety deposit box. A good first step can be a search of the individual’s home office or personal documents. 

Once the Will is located, you are going to want to keep it safe and secure and it is prudent to make a copy in case something happens to the original. It is likely a good idea to have a lawyer or notary make a “notarized” copy. If a “Probate” application is required, the original Will must be filed with the Registry. 

Where the individual died without having a Will, then WESA is going to be highly applicable in the administration of the deceased’s estate. WESA has specific provisions which apply where a person died without a Will.