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ARTICLE · 28 DECEMBER 2016

Avoiding Probate Fees On Private Company Shares

Many businesses are owned through privately held companies. Yet people who own shares in those companies often overlook an estate planning opportunity that can achieve significant savings...

CanadaFamily and Matrimonial

Many businesses are owned through privately held companies. Yet people who own shares in those companies often overlook an estate planning opportunity that can achieve significant savings for their estates on their death. That opportunity is the use of multiple wills to reduce probate fees. Until recently, there was a question as to whether multiple wills could be used in British Columbia for that purpose. But in March of 2014, the Wills, Estates and Succession Act ("WESA") came into effect making it clearer that the use of multiple wills is indeed a viable estate planning strategy in this province.

Probate fees

Probate fees are paid when an individual dies and an application is made to the court to probate his or her will. A grant of probate has the effect of confirming that the will is valid and that the executor appointed by it has authority to deal with the assets of the deceased. As a practical matter, it is often impossible for an executor to deal with assets

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