Consult our Trusted Estate Administration and Probate Lawyer in Surrey and Metro Vancouver.

Save time and consult with our lawyers today to obtain the Grant of Probate or Grant of administration with or without Will. All at affordable and reasonable prices.

Welcome to Cube Law Corporation

We are your local law firm located in Guildford, Surrey BC to help with Grant of Probate or Administration with our without Will, Estate Administration, and Committee applications.

Estate Administration, Grant of Probate or Administration, and the Committee of the person or the Estate.

At Cube Law Corporation, we are committed to ensuring that quality and affordable legal services are accessible to everyone. Our team understands that effective estate planning is a profound way to demonstrate love and care for your loved ones, providing peace of mind about the management of your affairs after you are no longer able to do so yourself. We make it easier for our clients by offering fast, affordable legal advice removing the barriers to accessing our support in person.

In addition to preparing essential estate documents like Wills, Powers of Attorney, Representation Agreements, and Trusts, our experienced Wills and Estate Planning attorneys are here to assist with the administration of estates. Specifically, we can help you navigate the complexities of obtaining a Grant of Probate or a Grant of Administration with or without will.

We are here to help you with all your Estate Planning, Administration and Legal needs

We conduct our wills and estate practice in a thoughtful way, so as to avoid disputes with creditors and with family members. Estate Planning, and Probate is not fun, but we try to make it as easy as possible for families. The grieving is the hard part. The probate should not be.
We can also help you with your committee ship applications.

Our Afforable Pricing for Grant of Probate or Administration or Committee Applications

Grant of Probate

Non Contested

$ 3000 & UP
  • Up to 4 beneficiaries
  • Up to 4 Assets Types, including Real Estate

Grant of Administration

Non Contested

$ 3000 & UP
  • Up to 4 beneficiaries
  • Up to 4 Assets Types, including Real Estate

Committee of the Person

Non Contested

$ 5000 & UP
  • Up to 4 beneficiaries
  • Up to 4 Assets Types, including Real Estate

Estate Administration

Non Contested

$ Varies /-
  • Up to 4 beneficiaries
  • Up to 4 Assets Types, including Real Estate

Grant of Probate or Administration

A Grant of Probate is essential when a deceased person has left a will, confirming the executor’s authority to act on behalf of the estate. This grant ensures that the executor can legally manage the deceased’s assets, settle any debts, and distribute the estate as specified in the will.

Conversely, in the absence of a will or an appointed executor, a Grant of Administration is required to authorize an administrator to manage and distribute the estate according to statutory laws.

Both grants serve as crucial legal tools, facilitating the smooth transition of estate responsibilities and affirming your commitment to the care of those you cherish.

Surrey Probate or Administration Lawyers - Cubelaw

The Process for Obtaining a Grant of Probate or Administration

Obtaining a Grant of Probate or Administration, whether there is a will or not, involves a detailed court process. Here’s a step-by-step overview:

  • Application: The process begins with an application filed at the probate court. The applicant must gather all necessary documents, including the original will (if applicable), a certified death certificate of the deceased, and a comprehensive list of the deceased’s assets and liabilities. 
  • Supporting Documents: The application should include an affidavit from the executor, attesting to the authenticity of the will and the death of the testator.
  • Notices: Before the application can be processed, notices must be sent to all known beneficiaries and to the persons who will be entitled to the Estate if there was no will. This ensures that all interested parties are informed of the proceedings and have an opportunity to contest the will or the appointment of the administrator.
  • Inventory and Valuation: An accurate and detailed inventory of the deceased’s assets must be submitted, often requiring professional valuations. This inventory serves as a basis for determining the estate’s value and the consequent probate fees.
  • Review: The probate court reviews all submitted documents to ascertain their completeness and accuracy.
    If the application is contested, or if the court requires further clarification, a hearing may be scheduled. During this hearing, the court hears from all relevant parties before making a decision.
    Grant Issuance: Grant of Probate: If the will is verified and the executor is deemed suitable, the court issues a Grant of Probate, officially authorizing the executor to manage and distribute the estate according to the will.
    Grant of Administration: In cases without a will, the court issues a Grant of Administration, appointing an administrator to manage and distribute the estate according to the laws of intestacy.
  • Completion: With the grant in hand, the executor or administrator can proceed with the administration of the estate, which includes paying any debts, distributing assets to beneficiaries, and filing final tax returns.
  • Contested Applications: If the will or appointment of the executor/administrator is contested, additional evidence and possibly multiple court hearings may be necessary to resolve the disputes, which can extend the timeline significantly.

Understanding Committee

In BC, if a person has lost mental capacity and are not capable of managing their own affairs,  a committee of the Estate or the Person is appointed by the Court under the Patients Property Act. Through this process, an individual—be it a family member, a close friend, a professional trust company, or the Public Guardian and Trustee (PGT)—can apply to become a “committee” for an adult who needs assistance. If the court approves the application, it officially recognizes the adult as a “patient” under the Act and authorizes the committee to make critical decisions on their behalf.

In British Columbia, there are two distinct roles within committeeship, each addressing different aspects of the patient’s needs:

  1. Committee of the Estate: The committee takes charge of the patient’s financial and legal matters. The committee handles everything from managing bank accounts to making legal decisions on behalf of the patient.
  2. Committee of the Person: The committee looks after the patient’s health and personal care matters. This includes making decisions about medical treatment, daily care, and general well-being.

An individual can be appointed to serve as either the committee of the estate, the committee of the person, or both, depending on what is in the best interest for the patient. It’s not uncommon for these roles to be filled by different parties; for example, a professional trust company might be appointed as the committee of the estate due to their expertise in financial matters, while a family member might take on the role of committee of the person to oversee health and personal care based on their close personal relationship with the patient.

The core principle guiding these appointments is always the best interest of the patient, ensuring that their well-being and financial affairs are managed responsibly and compassionately. In certain cases, the court may also ask for a bond.

The Committee Application Process

To be appointed as a committee, one must initiate a court order application process.

  1. Petition: The process begins when an applicant files a petition at the civil registry of the Supreme Court of British Columbia.
  2. Supporting Materials (Medical Assessment & Patient Details): Along with the petition, the applicant is required to submit two affidavits from qualified medical practitioners. These affidavits should contain their assessments that the adult in question (referred to as the “proposed patient”) is incapable of managing either their personal care or financial affairs, or both. Additionally, an affidavit detailing the proposed patient’s personal information, including next of kin, assets, and other pertinent details, must also be filed. Gathering this information may require some time.
  3. Service: The proposed patient must typically be served with the petition and all supporting documents. The Public Guardian and Trustee (PGT) must also be served. The PGT generally files a response and offers recommendations on the matter. It is also advisable for the applicant to notify the proposed patient’s next of kin. All served parties are required to respond within specific timeframes: 21 days if served within Canada, 35 days if served in the USA, and 49 days if served elsewhere.
  4. Court Proceedings: The court assesses the petition and supporting materials and listens to submissions from counsel during a hearing.
  5. Order: After reviewing the evidence, the court issues a ruling that determines:

Whether the adult is indeed incapable of managing their own affairs and/or themselves, at which point they are designated as a “patient.”

Contact Your Local Surrey Lawyers Now to access personalised, quality and affordable legal advice

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Name

Telephone

+ 1 778 716 5500

Fax

+1 (778) 716 5505

Email

convey@cubelaw.ca

Address

10234 152 St. #205 Surrey, BC V3R 6N7

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