Guiding BC families and business owners through tax-efficient succession, personal capacity documentation, probate administration, and trust structuring under WESA.
Estate planning and probate administration in British Columbia are governed by the Wills, Estates and Succession Act (WESA). The process encompasses drafting wills, enduring powers of attorney, personal representation agreements, establishing inter vivos trusts, submitting Grant of Probate applications to the BC Supreme Court, and managing estate distribution.
Formulating legal distribution of real property, corporate shares, personal effects, and appointing reliable executors and legal guardians for minors.
Executing lifetime personal capacity instruments granting legal authority for financial management and healthcare decisions under BC statutes.
Establishing rollover-eligible trusts for clients aged 65+ to legitimately bypass probate taxes and maintain complete succession confidentiality.
Preparing official P1 to P10 probate notices, affidavit verifications, asset valuations, and resolving beneficiary clearances.
Comparative Legal Analysis & Structuring
| Key Dimension | Probated Estate (Will & Court Grant) | Inter Vivos / Alter Ego Trust |
|---|---|---|
| Probate Fees (Probate Tax) | Subject to BC statutory probate fees of approximately 1.4% on all estate assets exceeding $50,000. | Assets held within the trust pass outside the estate, completely legally avoiding BC probate fees. |
| Privacy & Public Registry Access | Probate filings and will documents become public records in the BC Supreme Court registry accessible to anyone. | Trust deeds, asset inventories, and distribution terms remain strictly private between trustees and beneficiaries. |
| Distribution Timeline | Typically requires 6 to 18 months for probate grant issuance, creditor notices, and tax clearance certificates. | Successor trustees can distribute assets or continue managing assets immediately upon death without court delay. |
| WESA Will Variation Claims (Section 60) | Biological/adopted children and spouses can initiate WESA s. 60 claims arguing inadequate maintenance. | Assets legally transferred into trust prior to death are generally insulated from statutory WESA will variation claims. |
A Will dictates how your estate assets are distributed after death. A Power of Attorney authorizes an agent to manage your financial, legal, and property affairs during your lifetime if you become incapacitated. A Representation Agreement authorizes a trusted representative to make personal and healthcare decisions under the Representation Agreement Act.
Under the Probate Fee Act, British Columbia levies zero probate fee on estates up to $25,000, $208 on estates between $25,000 and $50,000, and $14 per each $1,000 of value exceeding $50,000 (roughly 1.4%). Financial institutions and the Land Title Office require a Grant of Probate before releasing sole accounts or transferring real estate.
Yes. Under Section 60 of WESA, spouses and children (including financially independent adult children) can petition the BC Supreme Court to vary a Will if the deceased failed to make "adequate provision for their proper maintenance and support" based on legal and moral obligations.
An Alter Ego Trust is an inter vivos trust permitted under the Canadian Income Tax Act for individuals aged 65 or older. Assets transferred into the trust do not trigger immediate capital gains. Upon death, trust assets pass directly to named beneficiaries without passing through probate, ensuring privacy and eliminating BC probate tax.