Plain-language questions and answers about British Columbia law.
Sometimes. Real estate outside British Columbia is excluded, but bank accounts and securities elsewhere can count if the person lived in BC.
Read the full answer →Banks set their own practices, so a valid enduring power of attorney can still be questioned; you can ask the bank which requirement it says is unmet.
Read the full answer →An executor can, with court leave, make an assignment of an insolvent deceased person's property for creditors under the BIA, but it is not automatic.
Read the full answer →A beneficiary generally cannot challenge a sale just because its conditions were unnecessarily depreciatory, unless they made the price inadequate.
Read the full answer →Generally not within 210 days after the grant, unless the court orders it or all the required people consent to an early distribution.
Read the full answer →A creditor generally cannot block probate by filing a notice of dispute in BC, because only people entitled to notice under Rule 25-2(2) may file one.
Read the full answer →The BC Supreme Court can remove an executor, but only on grounds listed in WESA, such as incapacity, dishonesty or hampering the administration.
Read the full answer →In BC, a landlord generally needs 24 hours' written notice to enter your rental, with exceptions such as emergencies to protect life or property.
Read the full answer →Whether a BC seller can back out of an accepted offer depends on whether a binding contract exists, what it says, and which conditions remain open.
Read the full answer →A stepparent does not become a guardian just by marrying or partnering with a guardian; a court has to appoint them under the Family Law Act.
Read the full answer →Yes. A will can be challenged for fraud or forgery in British Columbia, but the person alleging it generally has to prove it in court.
Read the full answer →Often yes: BC beneficiaries can require accounts, ask the court to pass them, or apply to remove an executor who should not serve.
Read the full answer →Whether you can back out of a BC business purchase depends on your contract and the facts, and a court may relieve against deposit forfeiture.
Read the full answer →If you live outside BC, your P1 notice must state where you live and give an address for service, and the court needs proof of the deceased's BC ties.
Read the full answer →You can usually break a BC mortgage early, but expect a prepayment charge: typically the higher of three months' interest or the interest rate…
Read the full answer →Buying through a company changes your BC tax and reporting duties, including the 20% additional transfer tax for foreign corporations.
Read the full answer →Usually an executor or administrator can cancel a deceased person's phone and subscriptions, but each provider sets its own paperwork.
Read the full answer →You can challenge a BC will if the person lacked mental capacity when making it, as WESA requires capacity, but proving it depends on the evidence.
Read the full answer →The BC Family Law Act sets no residence rule for the other person, but enforcing an order outside BC depends on recognition elsewhere.
Read the full answer →Whether you can count the one-year separation while sharing a home depends on your facts, so confirm with a lawyer before relying on it.
Read the full answer →Duty counsel help depends on your courthouse and situation, but BC Family Justice Centres offer free separation help and can point you to legal…
Read the full answer →Legal Aid BC's Family Law Centres give free legal help to family violence survivors who cannot afford a lawyer, but eligibility rules and priorities…
Read the full answer →A job loss does not cut child support automatically; you must apply and show a change in circumstances, and waiting can let arrears and interest…
Read the full answer →Moving with your child after separation depends on notice to the other guardian and, if they object, a court decision based on the child's best…
Read the full answer →Often yes. Whether notice or court approval is needed depends on whether a parenting agreement or order applies and how the move affects…
Read the full answer →Often yes in BC, but it depends on your community, whether the unit is your principal residence, and local zoning and licence rules.
Read the full answer →Yes, you can sell your BC home without a realtor, as licensing targets people acting for others, but you still need a contract and a transfer.
Read the full answer →The BC Supreme Court may order one spouse exclusive occupation of the family residence for a specified period, but the order is temporary.
Read the full answer →Yes, in BC you can file a notice of dispute, which stops the registrar issuing a grant while it is in effect, but it lapses after one year unless…
Read the full answer →Whether you can cancel depends on your contract and the disclosure statement; a misrepresented material fact can give rescission or damages rights in…
Read the full answer →No. Support is the child's legal right, so parents cannot agree to waive it, and a BC court can set aside or replace an agreement that undercuts it.
Read the full answer →Whether an executor who lives outside BC can act depends on the facts, so probate, security and resealing questions are worth confirming with a…
Read the full answer →Yes, the Public Guardian and Trustee may administer a BC estate if it is named executor or no suitable person is willing or able to act.
Read the full answer →Co-executors in BC act together, and one cannot validly dispose of land alone without court approval; the court can give direction if they deadlock.
Read the full answer →For property division in BC, living together again for 90 days or more within a year of separating can mean you are treated as not separated.
Read the full answer →Yes, if you lived together in a marriage-like relationship for at least 2 years, you are a spouse and the Family Law Act property rules apply to you.
Read the full answer →Grandchildren take the share their parent would have received when that parent died before a person who left no will in British Columbia.
Read the full answer →You no longer need to file or pay the Underused Housing Tax for 2025 onward, but 2022, 2023 and 2024 returns are still required for affected owners.
Read the full answer →Yes. In British Columbia the probate fee must be paid to the government before the grant of probate issues, and the executor pays it for the estate.
Read the full answer →In British Columbia, the first time home buyers' exemption requires you to move in within 92 days; leaving before the first year may mean keeping…
Read the full answer →In a BC asset purchase you choose what you take, but some obligations, such as employees and PST, can still follow the business to you as the buyer.
Read the full answer →No, the BC Family Law Act does not require independent legal advice for a separation agreement, but skipping it can matter in a challenge.
Read the full answer →Not always: in BC a surviving joint tenant can take title with a death certificate or grant, but a sole owner or tenants in common usually need a…
Read the full answer →The principal residence exemption applies only if you report the sale and designate it, and rental use or a quick resale can change that.
Read the full answer →A joint account added by your parent is presumed held for their estate, and you must show they meant you to keep the balance.
Read the full answer →No notary is required, but a BC marriage agreement should be signed and each signature witnessed by at least one person.
Read the full answer →A separated spouse may stop counting as a spouse under WESA, which changes who inherits when there is no will in British Columbia.
Read the full answer →A BC stepparent has a support duty only after contributing to the child's support for at least one year, and that duty is secondary to the parents'.
Read the full answer →An estate must file a T3 return if it has income over $500 or meets other triggers, and graduated rate estate status lasts up to 36 months.
Read the full answer →The buyer pays property transfer tax in British Columbia, usually through their legal professional when the transfer is registered at the Land Title…
Read the full answer →Appeals from Provincial Court go to the Supreme Court within 40 days, and Supreme Court appeals go to the Court of Appeal within 30 days.
Read the full answer →To change a BC child support order, you apply to court and show a change in circumstances since the order was made; Provincial Court uses Form 3.
Read the full answer →You change a family court order by applying and showing the change in circumstances the law requires for parenting or support orders.
Read the full answer →A misspelled name is fixed by a legal professional's application, but contested rights can only be decided by a court action in BC.
Read the full answer →In BC you file Form P29 notice of dispute before the grant is issued, and you can search probate and dispute cases on Court Services Online by name.
Read the full answer →Complain in writing to the superintendent of real estate at BCFSA; a complaint can lead to discipline, but it does not award you damages.
Read the full answer →You show you lived together in a marriage-like relationship for a continuous 2 years or more; courts weigh the evidence case by case.
Read the full answer →Anyone with reason to believe an attorney is misusing a power of attorney can report it to the Public Guardian and Trustee, and the court can step in.
Read the full answer →Tell Service Canada as soon as possible to cancel CPP and OAS and return payments issued after the month of death; cashed cheques must be repaid.
Read the full answer →Multiple offers in BC are shaped by BCFSA guidance, disclosure rules that can vary by area, and the terms you choose to keep in your offer.
Read the full answer →Support can continue past 19 for a child in school; the amount is either the guideline amount or what the court finds appropriate, plus shared school…
Read the full answer →A judge can learn a child's views through a views of the child report, an assessment report or a lawyer for the child, always weighed with other…
Read the full answer →Most BC lawyers and judges use the Spousal Support Advisory Guidelines, which turn the income gap and years together into a range of amounts.
Read the full answer →You generally have 180 days from the date the grant is issued in British Columbia to start a wills variation claim, or the court must not hear it.
Read the full answer →In BC you are a spouse after living together in a marriage-like relationship for 2 years, or sooner for some matters if you have a child together.
Read the full answer →A BC landlord generally has 15 days to return the deposit with interest or apply for dispute resolution, or may owe you double the deposit.
Read the full answer →There is no fixed timeline for buying or selling a small business in BC; it depends on the deal, financing, consents and licence transfers involved.
Read the full answer →Strata insurance premiums are a common expense paid through your strata fees, and the master policy covers common property but not your contents.
Read the full answer →BC probate fees are based on the estate's gross value: none up to $25 000, then $6 per $1 000 to $50 000 and $14 per $1 000 above.
Read the full answer →Whether a no-contest clause can stop a challenge to a BC will depends on the clause and the claim; wills variation and validity claims have their own…
Read the full answer →No. For orders or agreements made after April 1997, child support is not deductible by the payer and does not have to be reported by the recipient.
Read the full answer →Spousal support paid under a court order or written agreement is generally deductible for the payer and taxable to the recipient if it meets the tax…
Read the full answer →Usually yes, if the home passes to the personal representative. A home held with a right of survivorship generally passes outside the estate and the…
Read the full answer →Property, pension and spousal support claims in BC generally must be started within 2 years, but child support and parenting claims have no such…
Read the full answer →DCCs are charges on new development that pay for infrastructure and ACCs fund amenities; some projects are exempt or can get reductions.
Read the full answer →Form D records a strata's change of mailing address and Form E certifies a general meeting resolution; both are filed by the strata, not buyers.
Read the full answer →BC closing costs start with property transfer tax, which is charged on fair market value, and can include exemptions, GST considerations and other…
Read the full answer →The only ground for divorce under the Divorce Act is marriage breakdown, shown by one year's separation, adultery or cruelty by the other spouse.
Read the full answer →Your neighbour may be responsible for a fallen tree if they knew or should have known it was dangerous and failed to act reasonably.
Read the full answer →You can object to the Public Guardian and Trustee, which can investigate and step in, or apply to court to cancel all or part of the agreement.
Read the full answer →Ownership is fixed at separation, but family property is generally valued at fair market value as of the agreement date or court hearing date.
Read the full answer →You can report suspected misuse to the Public Guardian and Trustee, which can investigate, and you can also apply to court.
Read the full answer →Yes. You can apply in BC to get or change child support when your ex lives in another province, and the other province's court handles their side.
Read the full answer →When an estate falls short, gifts are reduced in a set order under WESA s. 50, and an insolvent estate pays expenses and priority debts first.
Read the full answer →Without a will in BC, your house passes under the intestacy rules to your spouse, children or other relatives in a set order, unless it is jointly…
Read the full answer →A division between spouses does not bind the lender, so a mortgage in your name stays your debt to the lender even if your spouse keeps the home.
Read the full answer →In BC, what happens to a mortgage after the owner dies depends mainly on the mortgage contract and on how the home was owned.
Read the full answer →A citation in a BC estate matter is a document you should take seriously; what it requires, and what happens if it is ignored, depends on the court…
Read the full answer →In BC, you ask the court to make your agreed terms into an order by filing a consent application with a draft order, in either court.
Read the full answer →A holdback or escrow keeps part of the price back after closing to cover problems; the contract sets the amount, the period and how it is released.
Read the full answer →A Justice Access Centre offers family law services and referrals, including mediation with a Family Justice Counsellor if you are eligible.
Read the full answer →Committeeship under the Patients Property Act still exists alongside the Adult Guardianship Act, and the PGT calls it a last resort.
Read the full answer →Adverse possession is largely barred in British Columbia: title to land is generally not acquired by long possession, especially for registered land.
Read the full answer →The affidavit lists the deceased's property and debts, valued at the date of death, and supports the BC probate fee calculation.
Read the full answer →An NDA is a written promise to keep your business information private; who signs and who else is bound depends on the deal, so confirm it with a…
Read the full answer →Dual agency means one brokerage acts for both buyer and seller. In BC it is generally prohibited, with a narrow remote-location exception.
Read the full answer →Goodwill is the value beyond a business's assets; in a BC asset sale it is the balance of the price after assets are allocated, paid by agreed terms.
Read the full answer →Not every owner must file: reporting bodies like certain corporations, trusts and partnerships do, and each transferee files a declaration in BC.
Read the full answer →The BC Protection Order Registry is a confidential database of family law and criminal protection orders that police can check at any time to enforce…
Read the full answer →An enduring power of attorney covers your finances, while a representation agreement mainly covers personal care and health care in British Columbia.
Read the full answer →An order nisi gives a court-set period to pay before foreclosure; an order for conduct of sale has the BC property sold rather than foreclosed.
Read the full answer →Separating does not make you divorced in BC: you can separate without any court step, but you need a divorce order if you want to remarry.
Read the full answer →The final return is due April 30 after a death from January 1 to October 31, or 6 months after death if it falls in November or December.
Read the full answer →Parenting After Separation course is required in Provincial Court before moving forward with an application unless you are exempt, but not in Supreme…
Read the full answer →In the Provincial Court you generally must finish the free, online Parenting After Separation course before your first court date unless exempt.
Read the full answer →REDMA is the BC law requiring developers to file and give you a disclosure statement before you sign a presale, with rescission and deposit…
Read the full answer →Owners of residential property in a designated BC area must declare every year by March 31, even if nothing has changed; some owners are exempt.
Read the full answer →You generally must start a property or debt claim within 2 years of the divorce judgment (married) or the separation date (marriage-like…
Read the full answer →People with a real interest in the estate, such as beneficiaries, earlier-will beneficiaries and heirs on an intestacy, may be able to challenge a…
Read the full answer →Pension entitlements are family property, and Part 6 pension division needs 2 years of living together; a child together is not enough.
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