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ARTICLE · 20 FEBRUARY 2024

Navigating Probate Costs In BC: A Detailed Guide

Kane Shannon Weiler
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It is often said that there are two certainties in life: death and taxes. When someone dies in BC, these two certainties become reality.

CanadaFamily and Matrimonial
Kane Shannon Weiler
Kane Shannon Weiler

It is often said that there are two certainties in life: death and taxes. When someone dies in BC, these two certainties become reality.

One of the areas of law which I practice is probate law. Probate refers to the legal process of settling someone's estate after their death. This process attracts a tax on the deceased persons' estate known as probate costs or fees.

One of the questions that I am often asked while acting as legal counsel on an estate matter in BC is: "what will my probate fees be?" The legislation that allows lawyers to navigate the issue of probate costs in BC is the Probate Fee Act, SBC 1999, c4 (the "Act"). The starting point is to determine the gross value (without deductions) of the estate according to the definition in the Act. It is noteworthy that all real estate and tangible personal property (ie cash, vehicles, jewellery, etc) will need to be identified and valued to determine the value of the estate.

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