Wills and Estates
Wills and Estate Planning
Our estate lawyers are experienced and knowledgeable in all aspects of estate planning, including the preparation of wills, trusts (including alter ego trusts and joint partner trusts), representation agreements, advance directives, and powers of attorney.
You will find our lawyers and staff competent and caring and mindful of the needs of any person involved in such planning.
An executor of an estate is responsible for the orderly and efficient administration of the estate and to ultimately distribute the assets to the beneficiaries. If an individual has not prepared a Will and dies intestate, an administrator can be appointed and has the same duties as an executor would. These duties include taking control of estate assets, paying estate liabilities, filing of necessary income tax returns, and distributing the estate in accordance with the terms of the Will or intestate laws.
Our estate lawyers are experienced in all aspects of the administration of estates in British Columbia. Our lawyers and specialized legal assistants often work with realtors, financial planners, accountants, and trust officers to help executors with the estate administration process.
Our services include:
• Obtaining Court Orders with respect to Grants of Probate or Administration;
• Assisting with litigious matters in relation to a Will or distribution of the estate;
• Assisting with preparation of statement of accounts and releases required by an executor prior to distribution;
• Working with the estate accountant to ensure that proper holdbacks are made for payment of income tax and non-resident beneficiaries; and
• General guidance and assistance throughout the estate administration.
Estate Litigation and Wills Variation Claims
At Jones Emery we are experienced in all areas of estate law. We appreciate that concerns about an aging relative or the passing of a loved one can be very difficult to deal with, and we strive to achieve resolution as easily and effectively as possible. We regularly provide services in the following areas:
• Wills, Estates and Succession Act proceedings;
• Challenging inheritances;
• Challenging the validity of wills;
• Undue influence and duress;
• Executor disputes;
• Powers of Attorney;
• Breach of trust;
• Committeeship applications;
• Passing of executor and trustee accounts; and
• Negotiating and mediating settlements.
For estate litigation and wills variation claims, we often work on a contingency fee basis, meaning that you only pay our fees once we recover money on your behalf.