Wills and Estates

  • Our Wills & Estates
    Team includes:

    Lawyers

  • Our Wills, Estates and Estate Disputes practice includes the following areas:

    • Paralegal

      Amy-McIntosh_E_Small

      Amy McIntosh

    • Estate planning
    • Incapacity planning
    • Estate administration
    • Estate litigation

    Clients who need Wills & Estates legal advice need more than a lawyer; they need an advisor who can understand their concerns, hopes, desires and challenges. Clients in this area want to understand their legal options in the context of their emotional preferences and the pressures they are facing. They need someone who doesn’t simply tell them the law, but helps to ensure the law works for them.

    Our Wills & Estates team has many years of combined experience in providing exceptional legal services to our Estate clients in all areas of Estate Law. What sets us apart is our ability to provide these services with empathy and sensitivity, on a highly personalized basis.

    We understand that the times in which a client seeks Wills & Estates advice can be challenging, so we seek to make the legal process as painless as possible. For example:

    • We don’t believe in the cookie-cutter approach. We look at each situation with fresh eyes and work to create a tailored solution for your particular situation.
    • We are accessible (easy to reach) and responsive (we get back to your enquiries promptly).
    • We strive to resolve your legal issues as quickly as possible.
    • We are cost-effective. We regularly conduct marketplace surveys and know that our fees are equal to or lower than many of our competitors. We also make use of our dedicated paralegal wherever appropriate, to ensure further cost savings.
    • We are great collaborators with related service providers, such as accountants and financial advisors. As a full service firm, our clients also have access to our in-house expertise in many related areas such as family law and corporate/commercial law (especially of value for family businesses and succession planning).
    Estate News

    If you are a professional interested in receiving our periodic e-newsletter, Estate News, please fill out the form below.

    We respect your privacy.

    Our Recent Newsletters

    • March 2016 – Are You Eligible for Disability Benefits and Asset Exemptions?
    • April 2016 – What Happens to Joint Accounts upon Separation?
    • May 2016 – Does Dementia Invalidate a Will?
    • June 2016 – Is Joint Tenancy the Best Choice in Estate Planning?
    • July 2016 – Life Insurance Policy | What are the Downsides to Naming a Minor as Beneficiary?
    • August 2016 – Tips for Executors
    • September 2016 – Dangers of the “Back of the Napkin” Will
    • October 2016 – Wills for Business Owners
    • November 2016 – Life Insurance & Minor Children
    • January 2017 – Common Executor Mistakes
    • February 2017 – Dealing with Problem Executors
    • March 2017 – Can an Executor be Removed for Improperly Dealing with the Estate?
    • April 2017 – The Pitfalls of Joint Tenancy – Unclear Intentions and Disputes after Death
    • May 2017 – Challenges to Wills (Wills Variation) – Do You Have a Claim?
    • June 2017 – Best Practices to Avoid Disputes
    • July 2017 – Am I Still Entitled to Spousal/Child Support, Now That My Ex Has Died?
    • Aug 2017 – Good Reasons for Disinheriting a Family Member?

Planning

  • preparation of Wills, Powers of Attorney, Representation Agreements
  • establishing trusts (during lifetime or in Wills)
  • property transfers and other collateral estate planning documentation
  • committeeship (adult guardian) court applications
  • establishing “disability” trusts for clients receiving disability assistance benefits
  • corporate re-organizations to achieve estate planning and tax planning objectives
  • family business succession strategies

Our Wills & Estates lawyers provide full estate planning services, serving clients whose needs range from simple to complex.

We provide assistance with basic estate planning (such as the preparation of Wills, Powers of Attorney, Representation Agreements, living wills, property/land transfers, simple trusts), as well as with complex personal planning (involving blended families, trusts, high net-worth clients and multi-jurisdictional assets). We regularly provide business clients with wealth planning using such tools as estate freezes and family trusts, and we devise estate and succession plans using shareholders agreements and buy/sell agreements. We advise on the development of charitable giving strategies, allowing clients to embrace philanthropic desires, minimize taxes or leave a legacy.

Our Estate Planning lawyers have developed a particular niche in advising clients whose family dynamics are complex due to blended families, second marriages or involve older adults who are vulnerable or who have incapacity issues.

We pride ourselves in our dedication to remaining current in the ever-changing areas of succession (wills) law, probate practice and tax law. Perhaps most importantly we serve our clients with sensitivity and empathy, and provide ideas and practical advice based on experience and proven results.

Representative Experience:

  1. Prepared an estate plan for wealthy parents with minor children, involving establishment of Wills with testamentary trusts to hold and manage children’s inheritances until desired ages, as well as powers of attorney and representation agreements. This plan gave the parents the critical satisfaction of knowing their children’s’ legal and financial needs would be met should the worst happen.
  2. Carried out a reorganization of a successful mid-size retail company to implement a tax-driven family succession strategy for the parents, resulting in achieving clients’ objectives to involve grown children with business development and attribute future gains to children.

Estate Administration

  • assisting executors with obtaining probate and letters of administration
  • assisting and advising executors with respect to the laws surrounding the administration of estates
  • advising beneficiaries of estates
  • guiding executors and administrators throughout the entire process of administrating an estate
  • assisting executors/administrators obtain grants of probate and letters of administration
  • advising beneficiaries of estates about their rights
  • assisting executors/administrators and beneficiaries resolve disputes or ambiguities surrounding the estate
  • preparing estate accounts
  • carrying out property transfers
  • working with executors/administrators in the creation and administration of trusts

Our lawyers provide estate administration services, assisting the executor or administrator (the “personal representative”) of an estate with the administration of the estate of deceased persons. In this role we make applications for grants of probate or administration, help with identifying and accessing the assets of the deceased, settle debts, mediate disputes with beneficiaries or creditors, and navigate the legal procedures to transmit assets. We assist the personal representative with the preparation and approval of accounts, and the ultimate distribution of the estate to the beneficiaries.

The legal guidance that we provide to the personal representative enables them to carry out their duties properly, in a manner that protects them from liability, and provides the beneficiaries with the confidence that the estate has been properly and fairly administered.

We regularly tailor our legal services to the needs of the personal representative, providing as much or as little assistance as is needed/desired in the circumstances. Our focus is on providing practical, sound advice to problems or legal issues that arise, and on doing everything we can to ensure that the estate is administered in a timely manner.

With the added benefit of having a paralegal as part of our estate administration team, our clients find we are even more responsive and accessible, and that we deliver timely and affordable legal services.

Representative Experience:

  1. Assisted executor with administration of a very large estate, where there was no Will, with assets spanning international borders, requiring analysis of administration, taxation and intestacy laws in both countries.
  1. Assisted executor to assume executor position from her sibling who had improperly performed duties as executor and absconded with estate property. Advised replacement executor about making provision for the many debts, and dealing with the minor beneficiaries, under the purview of a home-made Will. Navigated the many difficulties that arose from the insufficiently drawn Will, including making arrangements with the Public Guardian and Trustee to hold minor beneficiaries inheritance, in a manner that minimized legal expenses for the estate.
  1. Advising executors about the administration of an estate which was bequeathed to 2 charities, despite that the deceased left living children. With our assistance the executor settled the Wills Variation action brought by the children, and passed his accounts to satisfy the children and the charities that the estate had been properly administered.

Estate Litigation

  • claims by children or spouses who have been left out of Wills or inadequately provided for (Wills Variation or dependant relief disputes)
  • actions to compel executors to properly carry out their duties or account to the beneficiaries for their dealings with the estate property
  • contested estates or trusts
  • bringing assets back into the estate for division among heir or beneficiaries
  • Will interpretation or construction, or lost Wills
  • formal passing of simple or contested executor/trustee accounts by the Court
  • contested Committeeship applications
  • allegations of incapacity or undue influence
  • private Trustee applications, to appoint a Trustee to manage funds for a minor or incapable adult

Our firm is well recognized as a leader in Estate dispute resolution. Our lawyers recognize that Estate disputes are particularly likely to result in emotionally sensitive and difficult circumstances, when clients are at their most vulnerable. As such we are adept at advising our clients with compassion, and often find that mediation or other alternative forms of dispute resolution can achieve a fair result that the client is satisfied with; disputes do not always necessitate litigation.

Our Estate court room lawyers have helped many clients successfully make or defend Estate claims and Will challenges at all levels of Court in British Columbia. We act for beneficiaries, intestate heirs, family members who are concerned about incapacity or undue influence, trustees and executors.

Helpful Info

Fulton Information Sheets

Items to Consider

  • A Death in Your Family from the People’s Law School covers what to do first when a family member dies, making funeral arrangements and where to find support.
  • Dial-a-law has informative publications and audio clips from the Canadian Bar Association, BC Branch, regarding wills and estate planning, what happens when you die without a will, executors’ duties, disappointed beneficiaries, and power of attorney and representation agreements.
  • Power of Attorney arrangements – The People’s Law School Power of Attorney publication explains these agreements, including who can be your attorney, and what their powers and responsibilities will be.
  • Locate lost wills – If you have lost track of your lawyer and need to locate a will, the Law Society may be able to assist you.
  • Changes to wills legislation – This WESA fact sheet, from the People’s Law School, summarizes changes introduced by the new Wills, Estates and Succession Act, implemented in 2014.
  • Controlling your affairs as you get older – When I’m 64: Controlling Your Affairs, from the People’s Law School covers information regarding Wills, Powers of Attorney, Representation Agreements, and more.
  • 10 common questions about wills and estates, and helpful answers from Clicklaw BC.
  • Is a trust right for you? This BC Business article discusses considerations a person may make in assessing whether a trust is a good option for them.

Fulton Checklists

What to do when someone has died
  • Arrange Funeral and Obtain Death Certificates
    Consider ordering at least 3 original Death Certificates, which can be ordered through the funeral home.
  • Notify of Death
  • Canada Revenue Agency – income tax, GST/HST benefits, child tax benefits, etc.

    Notify CRA at 1-800-959-8281 of the date of death as soon as possible, and send them a copy of the death certificate and a complete copy of the will or other legal document such as a grant of probate or letters of administration showing that you are the legal representative.

    Website: http://www.cra-arc.gc.ca/E/pub/tg/rc4111/rc4111-e.html

  • Canada Pension Plan (CPP), Old Age Security (OAS)

    If the deceased was receiving OAS or CPP retirement pensions, disability benefits or survivor benefits, these must be cancelled. Benefits are payable for the month in which the death occurs; benefits paid after that will have to be repaid.

    Complete an Application Kit which is available from any Service Canada Centre, 1-800-277-9914, and many funeral homes. Have the SIN on hand when you call.

    Website: http://www.servicecanada.gc.ca/eng/common/contactus/

  • Service Canada – Social Insurance Number

    Advise of the death to reduce the possibility of someone else using the deceased’s SIN. You will still be able to use the SIN for estate purposes.

    Provide the SIN card and a copy of the Death Certificate to Service Centre Canada at the address below. If you do not have the SIN card but know the number, provide a Death Certificate with the SIN clearly written on it.

    Notification in person
    520 Seymour Street,
    Kamloops, British Columbia, V2C 2G9

    Notification by mail
    Service Canada, Social Insurance Registration Office
    P.O. Box 7000 Bathurst, New Brunswick, E2A 4T1

    Website: http://www.servicecanada.gc.ca/eng/sin/apply/how.shtml

  • Medical Services Plan (BC) – Contact to cancel MSP coverage, 1-604-683-7151(Vancouver) or toll free 1-800-663-7100.Website: http://www2.gov.bc.ca/gov/topic.page?id=C331CE70072946C59276A8B4A936C08D
  • Extended medical and pension plan – Contact to determine eligibility for continue benefit coverage for dependents.
  • Bank accounts – Contact financial institutions to remove the deceased’s name from joint accounts and convert sole accounts in the name of the Estate and inventory safe deposit box.
  • Life Insurance companies – Advise of death, and request claim forms and confirmation of benefits.
  • RRSP / RIF accounts – Advise of death and arrange for transmission to successor.
  • Post office – Notify post office and redirect mail to executor’s address.
  • Passport Canada – Contact Passport Canada to cancel the deceased’s passport, 1-800-567-6868.Website: http://www.ppt.gc.ca/service/contact.aspx
  • Veteran’s Affairs – Cancel any veteran’s benefits by contacting Service Canada or phoning 1-866-522-2122.Website: http://www.veterans.gc.ca/eng/contact
  • Driver’s Licence – Cancel by phoning a local ICBC Driver Licensing Office. In Kamloops, B.C., phone 250-851-3700.Website: http://www.icbc.com/about-icbc/contact-us/Pages/default.aspx
  • Senior’s Supplement or disability benefits – Cancel any by contacting Service Canada or phoning 1-800-277-9914.Website: http://www.servicecanada.gc.ca/eng/common/contactus/
  • Vehicle insurance – Cancel and obtain storage insurance by telephoning AutoPlan or the insurance broker.
  • Property Insurance – Obtain ‘vacancy’ insurance, if appropriate.
  • Credit Cards – Contact credit card companies to cancel credit cards (and halt interest accruing if possible).
  • Phone and Utility companies – Notify to change name on account and modify/cancel services if appropriate.
  • Tax Returns

    As the legal representative, you are responsible for filing a return for the deceased for the year of death. This return is called the Final return.

    You also have to file any returns for previous years that the deceased person did not file. You have to file a T3 Trust Income Tax and Information Return, for income of the estate earned after the date of death, and for any trust created by the Will.

    In all cases you are well advised to obtain a Clearance Certificate from CRA before making a final distribution of estate assets.

    Website: http://www.cra-arc.gc.ca/tx/ndvdls/lf-vnts/dth/clrnc-eng.html

  • Probate the Will or obtain a Grant of Administration (if no Will)

Probating an estate may or may not be necessary, depending on the nature of assets the deceased held at death. The probate process involves obtaining an Administration Grant (i.e. the Grant of Probate) recognizing the person appointed in the Will as the executor, or, in cases where there is no Will, appointing a person as Administrator of the estate. Executors and Administrators are now referred to as “Personal Representatives”.

After the Grant has been obtained, the Personal Representatives may call in (sell) estate assets, pay debts (including testamentary expenses, income tax and executor fees), pay legacies (gifts) and distribute assets to the beneficiaries of the Will (or according to the inheritance rules of the Province of British Columbia, in cases where there is no Will).

Lawyers frequently offer assistance to Personal Representative with the following estate administration tasks:

  • drafting and filing the court documents necessary to obtain the Grant of Probate or Administration;
  • selling land or removing deceased’s name from title to land where there is a surviving joint tenant;
  • advertising for creditors;
  • determining validity of claims against the Estate;
  • preparing financial statements and obtaining approval by the beneficiaries; and
  • obtaining Releases signed by the beneficiaries releasing the executor of Administrator from liability.

Executors are personally liable to the beneficiaries for their dealings with the estate.

Regardless of how diligent or competent the Personal Representative is, estate law is complex. Particularly if the estate involves blended families, estranged children, multiple beneficiaries, unusual or multiple assets, business interests, complex taxation issues, foreign property or beneficiaries, or minor beneficiaries, executors are well advised to retain a lawyer to advise them of the complexities and the law. The legal fees are paid for by the estate and the lawyer’s assistance can streamline the process and provide assurances to the executor and beneficiaries that the estate is being handled in a proper, legal and efficient manner.

If you have questions about the probate process, for help determining whether probate will be needed, or help determining whether you should hire an estates lawyer, contact our office to arrange a complimentary 30 minute consultation with an estates lawyer.

For more information please contact Leah Card

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How to prepare your listing of the estate assets and liabilities

These suggestions apply to many estates but they may not all apply to the estate that you are administering.

  • Arrange with the deceased’s bank to view and list the contents of the safety deposit box.
  • Record all the expenses you incur in doing your job as Executor, including funeral expenses.
  • List all the banks where the deceased had accounts or loans. Include the account numbers. For each account, request the balance and the interest accrued to the date of death. Collect any bank books or statements of account, and have them posted up to the date of death. Note that accounts may include term deposits, Registered Retirement Savings Plans, and Registered Retirement Income Funds.
  • List all securities, stocks, or bonds owned by the deceased. Obtain the market value at the date of death.
  • List all real estate which the deceased owned alone or with others. Also list any mortgages or agreements for sale that the deceased held or owed. Provide the full addresses of all properties. Have appraisals done, as of the date of death, on any properties that were not jointly owned.
  • List all estate income that will be received after the date of death. This may include cheques that have not been received or deposited from pensions, deferred profit sharing plans, dividends, interest, salary, or any repayments or refunds due to the deceased.
  • List any business assets or shares in a company owned by the deceased. Obtain appropriate valuations.
  • Identify all people and businesses who owed money to the deceased. Provide any details you can of the nature of the debt and the amount owing.
  • List any other assets, including cars, boats, household goods, jewellery, cameras, and other personal effects. Also list any digital assets that have value, such as online baking /payment systems currency (exe: PayPal credit, or credit with iTunes, loyalty rewards program points). Provide descriptions including serial numbers, if possible. Include estimated values.
  • List all outstanding debts and liabilities of the deceased.
  • List any agreements or court orders to which the deceased was a party, or under which the deceased was liable. This might include divorce decrees, maintenance orders, marriage agreements, Family Relations Act or Family Law Act orders, guarantees, buy-sell agreements, partnership agreements, leases, employment contracts, and insurance owned by the deceased on the life of another.
Please contact our office if you have any questions.

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Client Testimonials

    • My wife and I went to Leah to have our estate plan and wills drawn up. Neither of us had any idea what to expect or where we should even begin. Leah was very approachable and helpful and alleviated our anxiety.
      From the very first meeting she explained everything to us and walked us through the whole process, providing us with all of our options and giving us hypotheticals, allowing us to make informed decisions that were right for our particular situation.
      We also had corporate interests that were complex, yet Leah broke them down into manageable components so that we could deal with the whole picture in a clear and concise method. She answered all of our questions in a manner that was easy to understand and was very responsive to our requests.
      My wife and I were very pleased with the service and support that we received while dealing with Leah. We would not hesitate to recommend her or Fulton and Company to anyone requiring legal services.   – S.F.
    • For Christmas, one of my presents was ‘A Will’.  Although a bit of an unusual gift, it has been something I have been putting off for years.  My mortality was an issue I did not wish to address.Leah Card and her assistant Tana Jones were wonderful to deal with. They were extremely understanding of my situation and accommodating with the timetable.  The appointment to finalize the documentation was handled with the utmost professionalism and respect.
      Although hesitant to see this through – their ongoing guidance, patience, and knowledge of the law has helped me prepare my loved ones and myself for the future.   Signed – A most grateful client.
    • During my lifetime, I have worked with many lawyers and I have found Leah Card to be among the best of them. In this last year, I had a delicate family matter and I found that Leah was not only a knowledgeable lawyer, but a caring and likeable person, which made starting an Alter Ego Trust efficient and successful. It was a pleasure to work with her and her staff.   – H.O.
    • Leah has been working with me on a very complicated estate file. She has been helpful in advising me of potential concerns and ‘red-flags’ before the problems have popped up, which has helped me anticipate potential problems and prepare my responses to them in advance. Leah has been able to answer any questions I have had quickly and concisely. I am very thankful for Leah’s professional advice, patience, and insight!   – M. F.
    • My father always believed in getting the best help he could, so he and my mother had been clients of Fulton and Company for many years. Their wills and estate wishes were so well planned that when it came time to execute the will, the lawyer named as the executor (Brian Ross) suggested that he step down and transfer the role of executor to me, one of the heirs, and thus save the estate his fee. Mr. Ross and his staff arranged for the transfer of responsibility properly the first time, with no added complications of any kind.
      The estate services provided by Leah Card and her assistant, Bonnie Mobley, were exemplary in every way. They provided excellent advice to me in my role of executor, processed legal and other paper work quickly and efficiently, and were always quick to respond to email and telephone inquiries. Because I do not live in the city where my parents resided, they became my trusted “on-site agents” for all local matters. As far as I could tell, the only problems we had settling the estate were long wait times created by third parties.   – E.
  • My name is K. M. and I would like to tell you a bit about how I was first introduced to Leah Card and how she has helped me with some very difficult times in the past four years.In September of 2011 I suddenly found myself in a position that I wouldn’t want to happen to my worst enemy. My mother suffered from Alzheimer’s disease and was placed in a long term care home solely relying on my stepfather for her health and financial wellbeing.   My stepfather’s health began deteriorating and he passed away in September. Unfortunately, neither my mother nor stepfather had Wills, Power of Attorney or any legal documents in place to look after things when they became incapacitated or passed away.Luckily for me, I was referred to Leah Card by some acquaintances from Kamloops. I contacted Leah immediately because I was completely lost and didn’t know how to go about making any arrangements for my stepfather and most importantly how to ensure that we were able to provide the care that my mother needed.

    From the first call I had with Leah I began to feel better about how we would manage this very complicated mess.  This was a very emotional time for me and Leah’s calm, compassionate and professional manner made things much easier.

    Leah immediately made a plan and laid out the steps we needed to take with regards to my stepfather’s estate but first and foremost was the plan to look after my mother’s welfare. She led me through the process of getting me appointed as “Committee” for my mother and then subsequently the process of being appointed Administrator of my stepfather’s estate. In 2013 my mother passed away and Leah was right there for me again.

    I know Leah is very busy but it seemed like she dropped everything else and immediately started working on getting me appointed as Administrator for my mother’s estate. My stepfather’s estate is very complicated and because part of the estate is in another country, four years later (through no fault of Leah’s) it is still not settled.

    There have been long periods of time where there has been no reason for Leah and I to communicate while waiting on others, and it always amazes me that when I do contact her she can remember everything that is going on, just as if my case is the only one she is working on.

    I live in a small town in northern BC and I must say that I was a little apprehensive about how the logistics of having a lawyer that lives eight hours away would work out but Leah and her assistant Bonnie have made it all go very smoothly, and there have been a lot of papers and communications that had to go back and forth.

    With the complexity of the two estates I administer, I have dealings with two other law firms outside of Canada. I find Fulton & Company’s rates to be very competitive especially given the level of expertise that Leah and her associates provide.

    I have in the past and will continue to recommend Leah to my family and friends and will also continue to urge everybody to talk to Leah before, not after you find yourselves in my position.

    I am very happy that Leah will be by my side to help me with the final closing of these estates. I would like to give a big thank you to Leah, Bonnie and all of the staff behind the scenes at Fulton & Company.   Sincerely, K.M.

CONTACT US

KAMLOOPS

Tel: 250.372.5542
MAIL & COURIER: 300-350 Lansdowne St | BC V2C 1Y1

VANCOUVER

Tel: 604.266.0342
COURIER: 960-1055 W. Georgia St. | BC V6E 0B6
MAIL: PO BOX 11116 STN Royal Centre | BC V6E 3P3

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