When a person passes away and they have assets that are in their own name, the executor of the estate is required to obtain a grant of probate from the court. However, there are many factors that may complicate this process. Continue reading to find out how to navigate through the challenges that may arise when obtaining probate. 

What Factors Can Complicate Getting Probate?

There are a number of factors that can make an estate more complicated when obtaining probate, both at the beginning and end of the process. For example, when there are executors named in the Will that have predeceased the person who's passed away, there is a will but no named executor. In this case, you must go through a process to have someone named in replacement of the executors who are unable to act. Another factor that can complicate an estate is minor beneficiaries, as there are different steps that have to be taken when a beneficiary is under the age of 19. An additional factor that can complicate the process is having a Will that has been written on, is unstapled or is a copy of the original Will. Though there are systems to deal with these issues, they will add additional time to the process. A homemade Will also adds complication, as these Wills tend to lack the required clauses that an executor needs to administer in an estate. Complicated assets, such as a business or foreign assets, are another issue that can make an estate much more difficult. These can make the process of gathering the necessary information to obtain the grant of probate much more complex and timely. Another factor that can make an estate complex is having no Will at all. In that case we are dealing with the intestacy provisions in the laws of BC, which determines who can apply to be the administrator of the estate, and who the beneficiaries are going to be. 

We at CBM Lawyers deal with all kinds of estates. Some of them are straightforward and simpler, and many of them are complex and varied. Having a lawyer assist you with your estate planning is beneficial as lawyers are knowledgeable, experienced and complete this process on a daily basis. We are able to help you navigate through the difficulties and obtain the grant of probate, in order to move to the next stage of the estate which deals with the assets, liabilities and being able to distribute the estate to the beneficiaries. 

Lesley Russell is a proud associate at CBM Lawyers LLP, specializing in Wills, Estates, Trusts and Personal Planning. Reach out to Lesley or a member of our team to learn more about getting probate. Contact Us Today!