Why and How do i probate a Will ?
A Last Will & Testament ("Will") is one of the most important documents each of us can make, to tell our survivors what we want done with our body, our assets and our memories.
Why you would want to apply for probate is to confirm the wishes of the deceased and to resolve any dispute over who will administer the estate eg executor and who will receive the estate assets eg beneficiaries, etc.
Since each of us can write a new Will at anytime, it is important to confirm the document being presented is not only valid, eg made properly per local law, but that it is the last valid Will of the deceased eg not revoked or changed.
How you ask the Court is by applying for Probate, to confirm that the document you have is the valid Last Will of the deceased. In British Columbia, it is the Supreme Court that handles all issues involving Wills and the administration of estates without a Will.
The jurisdiction of the BC Supreme Court is a modern consolidation of the historically separate British courts of equity and law, including Probate.
Applying for Probate of a Will usually includes the request for the court to appoint the person named in the Will as the Executor of the deceased's estate or to appoint another person if required.
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