Do I always need probate in British Columbia?

Not every estate in BC needs probate. Probate is often required when there is real estate in the deceased’s name alone, significant bank or investment accounts that ask for a grant of probate, or risk of dispute among beneficiaries. Tim Louis can review the assets and family situation with you and explain whether probate is necessary and what it will likely cost.

What does an executor have to do in an estate?

An executor is responsible for securing the estate’s assets, gathering information about debts, communicating with banks and institutions, paying valid debts and taxes, and distributing what remains to beneficiaries according to the will or, if there is no will, the law. Tim Louis helps executors understand their duties, avoid common pitfalls and manage each step with clear guidance.

Can I challenge a will in BC if it feels unfair?

In British Columbia, certain spouses and children can ask the court to vary a will that does not make adequate, just and equitable provision for them under the Wills, Estates and Succession Act (WESA). There may also be grounds to challenge a will based on undue influence or lack of capacity. Tim Louis can review the facts with you and explain your options before you decide how to proceed.

How can a Henson trust help a disabled beneficiary?

A Henson trust is a type of discretionary trust often used in BC to support a disabled beneficiary while helping preserve eligibility for certain government benefits. The trustee controls when and how funds are paid out, rather than the beneficiary having direct control of the assets. Tim Louis can help you decide whether a Henson trust or other planning tools are appropriate for your family.

Estate Planning, Wills and Probate Services for BC Families

Planning for the future or dealing with the loss of a loved one is never easy. Questions about wills, probate, trusts and estate administration can add stress at a time when you already have a lot on your plate.

This page gives you clear, plain language answers about estate planning and probate in British Columbia, and explains how Tim Louis & Company can help you move forward with confidence.

Who this guide is for

This page will be helpful if you are:

Thinking about creating or updating your will
Named as an executor and unsure where to start
Concerned about how a family member’s estate will be handled
Worried about a vulnerable or disabled beneficiary
Dealing with disagreements in the family about a will or inheritance

You do not need to know any legal jargon. You just need a basic understanding of your situation and a safe place to ask questions.

Planning ahead: wills in British Columbia

A valid, up to date will is the foundation of any estate plan. In BC, a will can:

Set out who receives your assets and on what terms
Appoint an executor to manage your estate
Provide guidance about guardianship for minor children
Reduce the risk of family conflict and court disputes later on

Without a will, the law decides who inherits and in what shares. That may not reflect your wishes or your family’s real needs.

How Tim Louis can help: Tim will walk you through your goals, assets and family situation, then draft a will that meets British Columbia law and speaks in your own voice.

Do you always need probate in BC?

After someone dies, probate is the court process that confirms the will is valid and gives the executor legal authority to act. You may need probate if:

There is real estate in the deceased’s name alone
Banks or investment firms ask for a grant of probate before releasing funds
There is tension or disagreement among beneficiaries
The estate is complex or there are unanswered questions about the will

In other situations it may be possible to administer an estate without probate. The right answer depends on the assets, institutions involved and any risks of challenge.

Executor support: Tim can review the will, assets and family dynamics with you, then explain whether probate is required, what it will likely cost and the steps involved.

Trusts and protecting vulnerable beneficiaries

Trusts can be a powerful tool for looking after family members over the long term, especially:

Adult children with disabilities or special needs
Young beneficiaries who may not be ready to manage money
Family members who are vulnerable to financial abuse or pressure

In British Columbia, carefully structured trusts can help protect government benefits and provide
ongoing financial support. One common tool is a Henson trust, which can allow a
disabled beneficiary to receive distributions while protecting eligibility for certain income supports.

How Tim helps with trusts: Tim works with you to understand your family’s real circumstances,
then helps you build an estate plan that protects vulnerable beneficiaries rather than putting them at risk.

Estate administration: practical help for executors

Acting as an executor or trustee is an important responsibility. Common tasks include:

Gathering information about the deceased’s assets and debts
Communicating with banks, insurers and other institutions
Paying valid debts and taxes
Distributing what remains to beneficiaries according to the will or the law

It is normal to feel overwhelmed. You are allowed to ask for help.

Guidance from an experienced lawyer: Tim can guide you through each step, help you avoid common pitfalls and give you practical advice about deadlines, records and family communication.

When disagreements arise: will and estate disputes

Even with the best planning, disputes sometimes happen. You may be facing:

A will that seems to exclude or treat someone unfairly
Concerns about undue influence or pressure on the person who made the will
Questions about whether the will was validly made
Arguments among executors or beneficiaries about what should happen next

In British Columbia, the Wills, Estates and Succession Act (WESA) gives certain spouses and children a right to ask the court to vary a will that does not make adequate, just and equitable provision for them.

How Tim approaches disputes: Tim focuses on clear advice, early risk assessment and realistic options. Many disputes can be resolved through negotiation once everyone understands the law and likely outcomes.

How Tim Louis & Company works with you

Tim Louis has been practising law in Vancouver for over 40 years. His approach is:

Plain language: You will understand your options without legal jargon.
Practical steps: Clear next actions for you, not just theory.
Compassion: Respect for the emotional weight of estate questions, especially after a loss.

You can start with a conversation about your situation. From there, Tim will explain your options in a way
that lets you decide what feels right for you and your family.

Talk to Tim about your estate or probate question

You do not have to solve this alone. A short conversation can often save months of worry or confusion.

Call: (604) 732-7678
Contact form: Request a free consultation with Tim Louis & Company
Learn more: Probate Lawyer – Vancouver, BC