ESTATE GRANT AND LITIGATIONEstate litigation is no easy task, we can help you navigate it.

An estate is the collection of assets owned and debts owed by a person at their death.

A estate grant is a document issued by the court appointing a person or people as a the legal representatives of a deceased’s estate.

This is called intestacy. If you die without a will your estate will be divided by the rules of intestacy in the Wills Estate and Succession Act. See Intestacy.

Lawyers are not required when making wills. The question is, was the home made will done right? If the will does not meet the requirements in the Wills Estate and Succession Act then it is defective. If there is a defective will,  the legal representative must apply to court for an order curing the defect.

Yes, there are a lot of different names. The phrase estate grant is a category of documents. All estate grants are equal, but are named different things to describe the different circumstances.

1. 1. Grant of Letters Probate means that there is a will and the legal representative is the named executor.
   2. Grant of Letters of Administration with will annexed means that the deceased had a will but the legal representative is not the named executor.
   3. Grant of Letters of Administration without will annexed means that the deceased did not have a will.

They are not always necessary. They give the legal representative the authority to deal with the deceased’s assets. So if there was money in the bank, the bank may require an estate grant to pay out the money. If the deceased owned land in BC either solely or as a tenant in common you would need an estate grant.  If there are no assets, or the assets pass outside of the estate, the estate grant may be unnecessary.

You need to apply for an estate grant in BC Supreme Court.

As a legal representative of an estate you are a trustee and certain legal obligations are imposed on you. For example, if you distribute an estate incorrectly you may be personally liable up to the amount you distributed incorrectly. You may also need to provide the beneficiaries of the estate an accounting to show what money came into and out of your control. See Passing of Accounts.

Estate litigation occurs when a person involved in an estate believes something went wrong and seeks the courts assistance to correct the matter. Typically, it occurs when a beneficiary believes they should receive more from the estate or the Executor believes something inappropriate happened during the Deceased’s lifetime. See Wills Variation, Contested Wills, Passing of Accounts, and Trusts.

You can issue a Citation to your sibling. This requires your sibling to probate the will or give up their role as executor.