Preston Mott
B.Com., LLB
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Executors, Estates & Probating a Will
If There Is No Will (Intestate Estate)?
It is statistically probable that most people neglect to make a will during their lifetimes and are therefore intestate on their death; that is they die without a will. The Estate Administration Act of British Columbia prescribes the manner in which a deceased person’s estate is administered in that event.
Contrary to popular belief, if one dies without a will, the government does not claim the estate. The estate will be administered by an Administrator approved and appointed by the Court, pursuant to the rules specified in the Estate Administration Act.
It should be carefully noted that because the Act sets up a “one size fits all” beneficiary selection process, it rarely can express the wishes of any one deceased person. Therefore, everyone should consider the preparation of a carefully considered valid will so that his or her assets will be delivered to the beneficiaries.
If you would like more detailed information on this topic and other areas of law, you can refer to the extensive resources of the BC Branch of the Canadian Bar Association at www.dialalaw.org
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