In circumstances where someone dies without a will and there are still assets that need to be dealt with, family and friends will need the guidance and experience of the AMJ estate lawyers.
This situation requires an application for a grant of administration.
At present, the Estate Administration Act, R.S.B.C. 1996, c.489 gives the Supreme Court jurisdiction for administration and the Supreme Court Civil Rules govern the procedure and documents required for the application for the grant. This application requires the drafting of numerous affidavits and other documents that are best dealt with by a knowledgeable lawyer.
Another further complicating matter is that as with all of the other statutes associated with wills and estates, the Estate Administration Act, R.S.B.C. 1996, c.489 will also be affected by the implementation of the Wills Estate and Succession Act, S.B.C. 2009, c.13 (“WESA”).
With the introduction of WESA the Estate Administration Act will be repealed and more than ever people dealing with the emotional task of setting a friend of family member’s affairs in order will require the expertise and guidance of our wills and estates lawyers.