Probate is a
legal procedure where your Will is approved and the appointment
of your executor is confirmed by the courts under provincial
legislation.
Depending on various
factors such as the simplicity of the estate, the character and
value of the assets and the number of dependants your Will may
not have to be probated, although most estates, whether it be by
choice or circumstance, end up being probated.
There are reasons
why one would want to have a Will probated. If the executor has
not been through the legal confirmation process, third parties
such as government agencies and banks could, and often will,
refuse to recognize the executors authority until the courts
have validated the Will. There are some situations where
applying to probate a Will may be advantageous.
For example, in
British Columbia the time period for commencing an action under
the Wills Variation Act does not commence until the issue
of probate of the Will in British Columbia.
Practitioners of Probate:
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